Skills as a mediator evident during 1965 Hilo port shutdown

Along with his family and friends, I am saddened to learn of the death of Bert Kobayashi Sr. A few months ago, I tried to arrange an interview with him for my labor history project. I had delayed too long from the months earlier when in response to my inquiry, his son, Bert Jr., encouraged me to chat with his dad. His father's health had worsened and he could not now meet with me, Bert Jr. said on the day I called.

I remember Bert Sr. as about as skillful a mediator in labor issues as there was in Hawai'i. Some labor mediators have been accused of resorting to using any means at their disposal, including being devious and even lying about the position of the other party, in order to get one party to make a move. Bert always had management's respect for his ethical conduct. I am sure that the union also found him trustworthy and above reproach in the meetings its representatives had with him.

While his exploits in successfully mediating many major labor disputes in Hawai'i are well-known, the one I remember most clearly was what I perceived to be his debut as a mediator.

In January 1965, some security guards at Hilo Transportation & Terminal Co., a subsidiary of C. Brewer & Co., posted a picket line that longshoremen of the same company refused to cross. The outcome was a shutdown of the Hilo port as no cargo could be offloaded from arriving freighters, which were then diverted to other ports. The issue was whether the company should permit the security guards at the port to join the ILWU unit representing the other employees. The guards were deployed for a variety of purposes, but primarily to prevent pilferage and theft by both the visitors and the workers. It also contravened the labor law that prohibited guards from belonging to the same union as the fellow employees of the company they were guarding.

Gov. John Burns intervened by asking his staff to mediate the dispute. As the company's labor relations spokesman, I received a call from the governor asking me to meet with his representatives at the Capitol. When I arrived along with Phil Maxwell of the Hawai'i Employers Council there were two people to greet us: William Norwood, the governor's administrative director, who was the lead spokesman, and Bert Kobayashi, the attorney general. I had met Norwood before, but not Bert, who evidently was asked to assist Norwood in mediating the dispute.

I told them that there were two issues involved. One was that there was no way the company would agree to have the security guards included in the same unit as the longshoremen over whom they were empowered to exercise security. And second, we were not opposed to a union for the security guards, provided that they voted in a secret election to join such an organization. It seemed that Norwood was genuinely disappointed he could not find any middle ground between the union position and ours.

Evidently, they already had their meeting with the ILWU's Jack Hall and learned of his settlement position. On the other hand, Bert quickly said out loud (for Phil and me to hear, as well) that there was a glimmer of light he saw that might lead to a way out. I left them not sure whose judgment was correct.

I reported to my superiors that it didn't look promising.

The next day I received a call from the governor advising me his mediators recommended that the picketing end while we resume negotiations with the union, adding that Hall had agreed to it. We agreed, and as the longshoremen returned to work the Hilo port was reopened after four days of the strike. Terms were later agreed to in accordance with our stated conditions.

I believe that this was the auspicious first step in Bert's career as a mediator when he showed his mettle in piercing through the respective positions of the two disputing parties to arrive at a resolution. He went on to serve as a superb mediator under Gov. Burns and Gov. George Ariyoshi in other labor disputes in Hawai'i that involved many more complex issues than the one I described. We have been fortunate to have had a person of such superior ability and character in our community.

Harold Hee lives in Honolulu and is the retired vice president of C. Brewer & Co. He wrote this commentary for The Advertiser.