Pacific Maritime Association v. International Longshoremen's and Warehousemen's Union

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…