Message

 

From: Jon Lusk [jlusk@ictsiusa.com]

Sent: 5/24/2016 4:16:31 PM

To: [t6grpallhands@ictsiusa.com]

CC: Elvis Ganda David [davidt@ictsiusa.com]
Subject: Westwood Columbia COLU 089E 05/22/16 Shift Report

Attachments: Shift Report.xls

There were no accidents or injuries reported during this shift

GMPH 17.6 TRIAL 
NMPH 22.0 
Moves completed 141 109 

Fulls remaining on clock 0
Empties remaining on dock 47

 

USDC Case No. 

 

Vessel operations for the Westwood Columbia at berth 605 were planned for a first shift regular start with one gang. No
extra trucks, extra lashers, or winch drivers were hired. Delbert Newton (supercargo), Greg Matson (ship foreman), and
Carl Lunde (clock foreman) were met at 06:00 at the hiring trailer by me (Jon Lusk) and Jason Peter. The letter was
discussed, the hiring sheet was handed out, instructions were given to place the gangway at 07:30 and to have both
crane operators on site for the entire shift. They were also told we were hiring a T-138 gang and the crane drivers would
be hired as combination crane/winch drivers. Carl asked if we were going to hire a winch driver to move the Munck
cranes. Jason informed him that he was to hire two combo winch/crane operators and the second combo driver would
move the Munck cranes if needed, which was unlikely. He said they would not move the Munck cranes with the other
operator.

At 0738 the portable gangway was not in place. Jason instructed Carl to get it installed and informed him that the ship?s
crew would set up the net. Carl said the ship?s crew does not set up the net when using the terminal?s portable
gangway. Jason instructed Carl that this is not the case and the ship?s crew would set up the net. At 0748, after his
discussion with Carl, Jason gave the netting instructions to the ship?s crew. At 0754, as the gangway installation was
beginning, Carl was observed talking to one of the ship?s crew members.

Once the gangway was in place I noticed the netting was not set up. At 0805 I instructed the crew to install the netting,
at which time they informed me they were told by one of the longshoreman not to install the net. Both Jason and I
tracked down Carl to talk to him about this. He maintained his position that it was not the ship crew?s work but
longshore work if the portable gangway was used. We informed him this was not the case and that he needed to work
as directed, which he strongly disagreed with. At 0814 the installation of the terminal?s safety net by the longshoremen
began, so in the interest of starting the operation we reluctantly allowed them to complete this.

At 0818 longshoremen boarded the vessel. Operations began with the relocation of the cone boxes from bay 26 to
forward bays in order to set up deck cones. The first container was loaded at 0857. Operations went without incident
until 1130.

At 1130 instructions were given to the ship foreman via radio to direct his crew to work to 10 till the hour before
breaking for lunch. The dock foreman (Carl Lunde) got on the radio and said ?good luck with that we work to quarter
till?. Again I stated we were directing him to work to 10 till and again he refused. No comment was made by ship
foreman Greg Matson. The last container prior to lunch was landed at 1145.

After returning from lunch the second on crane operator, Leal Sundet, was observed moving slowly and inefficiently,
struggling to pick up and land containers. At 1330 he had only loaded 6 containers. The ship foreman was instructed to
tell Leal to pick up the pace, which he did over the radio. Supercargo Delbert Newton reported at 1400 that Leal had
completed 18 moves, when in fact it was only 15. With .2 detention for bad order cones, the resulting NM PH was

18.8. With 97 containers remaining to load, the GMPH of 15 would not be sufficient to complete vessel loading by
1900. The GMPH required to do so, including .5 to load cone bins and finish lashing, would be 20.2.

The decision was made to put the first on crane operator, Mike Rapacz, back in the crane to be able to finish the

vessel. In the 3 productive hours prior to lunch of Mr. Rapacz?s operating time, his GMPH was 25.3 which would be
sufficient to load all containers to the vessel on time. We directed Carl to have Mike take over operating the crane for
Leal. He disagreed but past on the information at 1422 via radio stating "the California superintendent wants you out of

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CONFIDENTIAL ICTSI0031829

the crane" and replaced by Mike. Leal responded immediately with ?tell him to go fuck himself?, to which lCarl replied 
already did?. Leal did not come out of the crane is directed.

At 1426 I spoke with Colin Nelson, Local 8 BA, who was onsite. asked him what his stance was on Leal refusing to exit
the crane. He told me the only way he would come out of the crane was if we fired him. I asked him a second time to
confirm his position and he gave me the same answer.

Shortly before 1500, Westwood requested that we release the gang and work fully extended to load as many containers
as possible. The gang was released and this information was relayed to the foremen and supercargo.

At 1520 the chief mate informed me of damage to two containers as well as a turnbuckle and a fishplate on the lid. He
stated this was caused by the current crane operator. Photographs of the damage have been taken and

filed. Continuing discussions were had within the management team on how to deal with the crane operator situation.
At 1600 Jason received a call from Chris Bush from Westwood asking that we finish the vessel by 1700 and cut remaining
empties. The foremen were informed of the cut off time change and were instructed to start loading the cone racks at
1630. At 1635 Carl was heard on the radio informing the gang they would quit working at 1645. confronted him about
this and reminded him the gang would be required to work to 1700. He refused this information stating they ?quit at
quarter till and always have?.

At approximately 1645 Kelly Roby, Terminal Manager, had a discussion with Carl about the manning we were requiring
for the lashing to be completed for the vessel with the intention of working extended if needed. He informed him that
we only needed the lashers, foremen and a taxi.

At 1702, Jason informed Carl that crane operators were not needed for the lashing operation. At 1203 Carl told Leal over
the radio that he would not be paid overtime. Carl then said "fuck this place, everybody off the ship, let's go home?. At
1206 all Iongshorernen were offthe vessel and at 1208 the safety net was removed.

At 1711 Carl informed me and Jason the gang was standing by for health and safety due to not having a crane operator
during lashing. We replied that the gang was off the clock as soon as he directed them to get off the ship and go

home. At 1220 Jason spoke to Colin and repeated the fact the gang was off the clock at 1703, operations were over. He
also informed Colin he did not hear of any health and safety stand by until 1211 at which time operations had already
ended.

At this time Jason and I began the finishing vessel paperwork with the planner in the 603 clock office. The gang
remained at the 605 dock office with no management presence and departed at 1800.

At the end of the shift it was discovered that 6 radios were missing.

128 full containers were loaded, 13 empties were loaded and 4? empty containers remain on the dock.

i-z l-?Liil. 

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Trial Exhibit #109
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CONFIDENTIAL