District No. 1, Pacific Coast District, M.E.B.A. v. State of Alaska

The State of Alaska appeals from the district court’s summary judgment holding Alaska’s “Change Port” statute unconstitutional under the commerce clause and the privileges and immunities clause of the United States Constitution. We vacate the summary judgment and remand with instructions to transfer the action to the District of Alaska.

FACTS

The Alaska Marine Highway System, which is owned and operated by the State of Alaska, operates ferries between Seattle, Washington and Alaska, as well as between Alaskan ports. Many of the System’s employees live in Washington, the System has a terminal in Seattle, and much of the System’s maintenance is performed in Seattle.

In 1977 Alaska enacted a statute providing, in part, that “[n]o employee of the Alaska Marine Highway System may be relieved at a duty station or port which is outside the state.” Alaska Stat. § 19.65 .-010. The National Marine Engineers Beneficial Association, a union representing System employees, sued the state and state officials (“defendants”) in the Western District of Washington, contending that the statute was unconstitutional and seeking a permanent injunction against its enforcement. A similar suit was…