Ahearn v. International Longshore & Warehouse Union, Locals 21 & 4

Appellants Locals 21 and 4 of the International Longshore and Warehouse Union (“Union”) engaged in protest activities at the site of a grain terminal operated by Export Grain Terminal, LLC (“EGT”). EGT filed charges against the Union with Appellee, the National Labor Relations Board (“NLRB”).

While the NLRB action was pending, the NLRB sought injunctive relief against the Union pursuant to Sections 10(j) and 10(i) of the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151-169 . The district court issued both a temporary restraining order and a preliminary injunction prohibiting the Union from engaging in certain protest activities. The Union continued to engage in these activities, so the district court found the Union in contempt and ordered it to pay compensatory damages to the NLRB, EGT, various law enforcement agencies, and Burlington Northern Santa Fe (“BNSF”).

On appeal, the Union argues that the district court’s contempt awards should be vacated because the court did not have discretion to award compensatory damages to third parties, or to award damages to the charging party in an underlying labor action where Section 303 of the Labor Management Relations Act…