Pacific Maritime Ass'n v. Local 63, International Longshoremen's & Warehousemen's Union

Appellant Pacific Maritime Association (“PMA”) appeals the district court’s dismissal of its suit against Appellee Local 68. The appeal presents an issue of first impression in this Circuit: whether Local 68, as a public sector union, is subject to liability for “secondary boycott” activity under § 303 of the Labor Management Relations Act of 1947 2 (“LMRA”), 29 U.S.C. § 187 . The district court held 29 U.S.C. § 187 does not apply to public sector labor organizations and dismissed the suit for lack of subject matter jurisdiction. We affirm.

I. Factual Background

Appellant PMA is a multi-employer association of shipping, stevedoring, and terminal companies operating out of the Los Angeles/Long Beach Port. PMA is the bargaining representative for the employers and handles their labor relations issues with respect to longshoremen and marine clerks. Appellee Local 68 of the International Longshore and Warehouse Union (“ILWU”) represents a small bargaining unit of port pilots who are employed by the City of Los Angeles. The Local 68 port pilots have no employment relationship with PMA member companies. Local 13 and Local 63, also defendants in the original action, are also ILWU…