Janet Ritza, and Eddie Duenez v. International Longshoremen's and Warehousemen's Union

Applicants for registration as Class “B” longshoreman seek damages and an injunction based on a claim that the process by which registrants are selected is tainted by nepotism and a failure to adhere to contractual procedures. The district court found that the applicants had not exhausted grievance procedures required by the collective bargaining agreement and that their failure to do so was not excused. The applicants appeal the dismissal of their action for failure to exhaust contractual remedies.

BACKGROUND

Appellants are “casual” longshoremen whose applications for registration as Class “B” longshoremen in Port Hueneme, California were rejected (Class “B” applicants). Appellees are the Pacific Maritime Association (PMA), an association of West Coast stevedoring, shipping, and terminal companies; the International Longshoremen’s and Warehousemen’s Union (ILWU), the exclusive bargaining representative of longshoremen who work for PMA members; and ILWU, Local 46 (Local 46), a chartered, affiliated local with offices at Port Hueneme. Appellees are parties to the Pacific Coast Longshore Contract Document (Longshore Contract), which is the collective bargaining agreement governing…