American President Lines, Ltd. v. International Longshore & Warehouse Union

MEMORANDUM

This case returns to us on appeal after our previous holding that American President Lines, Ltd. (“APL”) has standing under Section 303 of the Labor Management Relations Act (“LMRA”) to pursue an action in federal court against the International Longshore and Warehouse Union, Alaska Longshore Division, Unit 60 (“ILWU”) for the Union’s alleged commission of unfair labor practices through its conduct in arbitration proceedings. Am. President Lines, Ltd. v. Int’l Longshore & Warehouse Union, Alaska Longshore Div., Unit 60, 721 F.3d 1147 (9th Cir.2013). Subsequent to our remand order, the Union filed a motion for summary judgment. The district court looked to the sworn testimony from the arbitration hearing and granted summary judgment in favor of the ILWU on both of APL’s unfair labor practice charges — violation of Sections 8(b)(4)(ii)(A) and (B) of the National Labor Relations Act (“NLRA”). APL appeals, arguing that the district court erred in concluding no genuine issues of material fact existed with respect to two factors key to the ILWU’s ability to defend against APL’s unfair labor practice claims: (1) whether the disputed work is “fairly claimable” by the ILWU; and…