Pacific Maritime Ass'n v. National Labor Relations Board

The National Labor Relations Board (“NLRB” or “the Board”) challenges the district court’s ruling that it had subject matter jurisdiction to vacate an interlocutory decision of the Board issued under § 10(k) of the National Labor Relations Act (“the Act”). The district court held that jurisdiction was warranted under the rule of Leedom v. Kyne, 358 U.S. 184 , 79 S.Ct. 180 , 3 L.Ed.2d 210 (1958). We conclude that the district court had no jurisdiction over Pacific Maritime Association’s (“PMA”) effort to obtain review of a non-final NLRB ruling, as the Leedom exception to the finality requirement does not apply. We accordingly reverse.

I.

This case arises out of a longstanding jurisdictional dispute between two unions representing workers at Terminal 6 at the Port of Portland. Some of the work at the Terminal involves loading and unloading refrigerated shipping containers known as “reefers,” which are used to ship food and other perishables. Reefers must be plugged in to electrical outlets to maintain proper refrigeration and must be monitored to ensure they are at the correct temperature. Since 1974, the Port, a public entity, has employed members of the International…