Pacific Maritime Ass'n v. International Longshore & Warehouse Union

PROCEEDINGS: DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

I. FACTUAL BACKGROUND

Plaintiff Pacific Maritime Association (“PMA”) is a multiemployer association of shipping, stevedoring and terminal companies which operate out of various ports along the west coast. PMA acts as the bargaining representative for its member employers. Defendants are unions representing longshoremen and marine clerks who are employed by PMA’s member employers.

Plaintiff and defendants are parties to a collective bargaining agreement which contains a “no strike” provision. Plaintiffs complaint alleges that defendant has violated this provision on numerous occasions in the past and, while there is no work stoppage currently underway, there is a constant possibility that defendants will violate this provision in the future. Plaintiff is seeking the following relief in an attempt to prevent future work stoppages in violation of the collective bargaining-agreement:

Compl. at 18:27-20:3.

Defendants move to dismiss on the grounds that the complaint fails to state a claim, pursuant to Fed.R.Civ.P. 12(b)(6). Defendants assert that plaintiffs requests for injunctive relief are barred by the…