Female forklift driver denied New Bedford waterfront job wins discrimination case, 4 times

BOSTON - The state Appeals Court this week upheld a woman's claim that she was discriminated against by a longshoremen's union because it didn't select her to work a forklift on the New Bedford waterfront.

April L. Robar's complaint that she had been excluded from full union rights based on gender was also upheld.

Counting the Appeals Court decision, it's the fourth time that her complaint - lodged in 2009 against the International Longshoremen Association Local 1413-1465 - has been upheld.

Robar started working at the freight terminal in New Bedford Harbor operated by Maritime International as a non-union "wrapper/stamper" in 2004, wrapping pallets of fish in plastic sheathing and stamping boxes of fish.

It was viewed as an undesirable job that was typically staffed only by women, according to the Appeals Court decision issued Wednesday.

Union picked who would be hired

Maritime had a collective bargaining agreement with the International Longshoremen Association Local 1413-1465 under which the union was given the role of referring interested workers for available work, according to the court.

Maritime retained final hiring rights, but in practice the union selected who would be hired among the union members and nonunion workers who would show up at the docks each morning to fill open positions, according to the court.

Fewer jobs became available over time in the fishing boats while there were jobs available unloading fruit boats.

Robar sought a job operating a forklift to unload the boats in 2009.

She had an OSHA-mandated forklift safety certificate from a previous employer, where she had worked as a forklift operator as part of her duties for four years. She also obtained a safety certificate from Maritime, where she underwent informal practice training, as well.

Denied forklift job five times

She was denied the Maritime position five separate times by union officials, according to the court.

On one occasion, two non-union men were hired to work the forklift instead of Robar, though they lacked the required safety certificate, according to the court.

On another occasion, she was asked to retrieve her old forklift certification, and a man was hired to fill the position in her absence.

Robar filed a complaint with the Mass. Commission Against Discrimination on Nov. 25, 2009, alleging sexual discrimination.

She also brought a race discrimination claim, which was dismissed, as well as a later retaliation claim that was dropped.

MCAD rules in her favor in January 2018

The MCAD did rule in her favor on the sexual discrimination claim in January 2018, following a hearing.

The union was ordered to pay Robar $50,000 for emotional distress, $50,645.47 in legal fees, as well as a $10,000 civil penalty to the state.

The union was also ordered to confer union membership on Robar retroactive to October 2009, and provide her with whatever pension, death, and other benefits accrue, on average, to members who joined the union on or within three months of that date.

The union was also ordered to cease and desist from any policy or action that denied assignments to females based on gender and/or which applied disparate standards to the acceptance of females as union members. As of 2009 there were no female members of the union.

MCAD affirmed decision in June 2020

The union appealed the MCAD hearing officer's decision to the full commission, which affirmed it in its entirety in June 2020.

The union then appealed the full MCAD decision in Bristol County Superior Court.

Superior Court affirmed MCAD decision in July 2022

That court affirmed the MCAD's decision in July 2022, with the amendment that $72,741.90 in interest must be tacked on to the $50,000 initially awarded for emotional distress.

The union appealed that decision to the Appeals Court, which affirmed the Superior Court's decision Wednesday.

The union could file an appeal with the Mass. Supreme Judicial Court. The union did not respond immediately to a request for comment.

Robar said, "This has been going on for 15 years. There should be no more appeals. We won three times. I want what's owed to me."

This article originally appeared on Standard-Times: Female forklift driver wins case against longshoremen union