Northern Stevedoring and Handling Corporation v. International Longshoremen's and Warehousemen's Union, Local No. 60

Local 60 appeals from a temporary restraining order to enforce an arbitration award. The issues are: (1) whether the appeal is moot; (2) whether the temporary restraining order is an appealable interlocutory order under 28 U.S.C. § 1292 (a)(1); (3) whether the district court must follow the procedures in § 7 of the Norris-La Guardia Act, 29 U.S.C. § 107 , when it enforces an arbitration award; (4) whether the district court followed these procedures when it issued the temporary restraining order or, alternatively, did Local 60 waive any requirements; and (5) whether the district court erred when it adopted Northern Stevedoring and Handling Corporation’s findings of fact and conclusions of law without holding a hearing.

BACKGROUND FACTS

Local 60 represents the employees of Northern, a stevedoring company in Seward, Alaska. Both the local and Northern are parties to the 1978-1981 All-Alaska Longshore Agreement. The agreement contains an arbitration clause, a no-strike clause and a picket-line clause. The picket-line clause permits Local 60 to refuse to cross a bona fide picket line of another union.

In August 1981 Local 60 refused to cross a picket line set up by Teamsters Local…