Pacific Maritime Ass'n v. INTERNATIONAL LONGSHORE. & WU
| Decision Date | 17 December 1971 |
| Docket Number | No. 24409.,24409. |
| Parties | PACIFIC MARITIME ASSOCIATION, Appellee, v. INTERNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION et al., Appellants. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Norman Leonard (argued), of Gladstein, Andersen, Leonard, Sibbett & Patsey, San Francisco, Cal., for appellants.
Richard Ernst (argued), Dennis Daniels, Robert W. Tollen, Richard W. Wheelock, of Ernst & Daniels, San Francisco, Cal., for appellee.
Before HAMLEY, DUNIWAY and KILKENNY, Circuit Judges.
In 1966, Pacific Maritime Association (PMA) and International Longshoremen's and Warehousemen's Union (Union) entered into a collective bargaining contract to run until July 1, 1971. Under that contract PMA members had the option to "stuff" and "unstuff" containers on the docks, using Union personnel, or to do this work or have it done by others at places away from the waterfront. In October, 1968, the Union decided that it wanted to eliminate this option clause with respect to certain cargoes moving in containers. Extensive collective bargaining was had but PMA ultimately refused the demand of the Union to eliminate the option clause. As a result the Union, on March 17, 1969, went on strike.
The collective bargaining contract provided that there shall be no strikes, lockouts or work stoppages during its life and contained an arbitration clause. This clause provided that all decisions of the arbitrators shall be final and binding upon all parties. When the Union went on strike, PMA invoked this arbitration procedure.
The arbitrator issued his award on March 19, 1969, holding that the strike action in an effort to get the contract changed was in violation of the contract. The arbitrator ordered the Union to do whatever acts were necessary to stop the strike, and to refrain from such strike action as to the container problem for the remainder of the contract term. The arbitrator directed the longshoremen and clerks to resume the work on container cargoes that they were then refusing to do.
The Union and its members refused to comply with this award. PMA then, on March 20, 1969, commenced this action for confirmation of the award and for a court order enforcing the award restraining the strike action. The district court, on March 31, 1969, entered an order, based on detailed findings of fact, enforcing the award. Pacific Maritime Association v. International Longshoremen's and Warehousemen's Union, 304 F.Supp. 1315 (N.D.Cal.1969).
A few days later, PMA instituted contempt proceedings and sought damages from the Union. While these proceedings were pending, the Union appealed from the district court order of March 31, 1969.
In its brief on appeal, the Union argued that section 4 of the Norris-LaGuardia Act, 29 U.S.C. § 104, deprives federal courts of jurisdiction to direct a labor union, its officers and members, to comply with the terms of such a binding award, the effect of which is to order union longshoremen and clerks to stop the strike and go back to work. The Union relied primarily upon Sinclair Refining Co. v. Atkinson, 370 U.S. 195, 82 S.Ct. 1328, 8 L.Ed.2d 440 (1962).
On the day the Union filed its opening brief in this court presenting that argument, the Sinclair case was expressly overruled in Boys Markets, Inc. v. Retail Clerk's Union, Local 770, 398 U.S. 235, 255, 90 S.Ct. 1583, 26 L.Ed.2d 199 (1970). The Court held, in Boys Markets, that the Norris-LaGuardia Act does not bar the granting of injunctive relief enforcing the obligation that a union undertook under a specifically enforceable agreement to submit disputes to binding arbitration. 398 U.S., at 252-253, 90 S.Ct. 1583.
At oral argument on this appeal the Union did not undertake to distinguish Boys Markets from the case now before us. Instead, it urged this court to remand the cause to the district court for dismissal of the injunctive feature of the action as moot, inasmuch as the collective bargaining contract here in question expired under its own terms on July 1, 1971. PMA opposed this disposition of the cause.
The injunctive feature of this action, as originally postured, presented the question of whether, in view of the Norris-LaGuardia Act, the district court had jurisdiction to enter its order of March 31,...
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