Subject- MM&P Jurisdiction- APL Arbitration Award Update
MM&P received excellent news today that protects Licensed Deck Officer jurisdiction with contracted employer APL. Arbitrator Randi H. Abramsky concluded in her Award on March 4, 2026, that American President Lines, LLC and its affiliate APL Marine Services, Ltd. violated the CBA when the Company did not crew the CMA CGM Phoenix with Licensed Deck Officers represented by MM&P.
APL argued it has “the unfettered right to select the operator” and the “management right to decide ‘how and by whom’ vessels operate.” Arbitrator Abramsky soundly rejected APL’s argument because of “MM&P’s broad jurisdiction over LDOs on ‘all U.S. flag oceangoing vessels’, including newly added non-MSP vessels.” After reviewing all of the evidence, Arbitrator Abramsky found the CBA’s limited American Automar “carve-out”, negotiated in 2005, “did not mean that the Company may assign new U.S. flag ocean-going vessels engaged in commercial international trade to APL Maritime/Osprey and thereby by-pass the MM&P’s broad jurisdictional rights. On the evidence presented, this cannot have been, and was not, the mutual intent of the parties when the ‘carve-out’ provision was negotiated.”
MM&P will enforce Arbitrator Abramsky’s Award and will continue to protect our members’ work jurisdiction aboard any new tonnage brought into the APL fleet. To that end, MM&P is in the process of enforcing Arbitrator Abramsky’s Award by seeking to make whole MM&P Licensed Deck Officers for wages and benefits (along with full interest) who were denied employment opportunities on the CMA CGM Phoenix from July 2025 through October 2025.
MM&P had previously defended our members’ employment jurisdiction aboard the ship in a successful AFL-CIO Article XX hearing and appeal that was concluded in September 2025 with MM&P’s victory over another AFL-CIO union. Impartial Umpire Michael Gottesman’s decision found that the CMA CGM Phoenix is covered by MM&P’s recognition clause, so no other AFL-CIO union could represent LDOs on the Phoenix. Today’s decision prevents APL from hiring anyone other than MM&P represented LDOs, such as non-union LDOs, to work as LDOs on the Phoenix or any other vessels joining the APL Fleet.
MM&P will provide additional updates as the CBA enforcement progresses. A special thanks to our expert legal team and to the MM&P members who provided many hours of assistance toward this effort.
In Solidarity,
Don Josberger, International President
J. Lars Turner, International Secretary–Treasurer
Melany Velleca, Vice President–Pacific Ports
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