Levin-Richmond Terminal Corp. v. International Longshoremen's & Warehousemen's Union, Local 10

MEMORANDUM AND ORDER

This suit by plaintiff Levin-Richmond Terminal Corporation (“LRT”) against International Longshoremen’s and Ware-housemen’s Union Locals 10, 34, and 91 and their agents (collectively “ILWU”) revolves around a Memorandum of Understanding (“MOU”) entered into by plaintiff and defendants on June 30, 1983. Plaintiff contends that the MOU is illegal and unenforceable because it provides that four ILWU members, whom plaintiff refers to as “ghosts,” will receive compensation based upon work performed by LRT employees who are members of Operating Engineers Local 3 (“Local 3”), not ILWU. Plaintiff claims that defendants’ allegedly extortionate conduct which led to the signing of the MOU, coupled with defendants’ alleged threats of violence and labor unrest if plaintiff did not honor the agreement, constitute a pattern of unlawful racketeering activity, in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961 et seq.

An understanding of the labor dispute between plaintiff and defendants in late 1982-early 1983 is essential to decide the motions before the Court. LRT is a cargo-loading business located at the Port of Richmond,…