Hooks ex rel. National Labor Relations Board v. International Longshore & Warehouse Union

MEMORANDUM *

This appeal from a preliminary injunction pursuant to section 10(0 of the National Labor Relations Act (“the Act”), 29 U.S.C. § 160 (0, concerns a jurisdictional dispute between two labor unions over work at the Port of Portland (“Port”). We affirm the injunction in part and vacate in part. We remand to the district court for modifications to the injunction consistent with this disposition.

(1) The district court did not abuse its discretion in holding that the Regional Director (“Director”) of the National Labor Relations Board (“the Board”) will likely succeed in establishing that the International Longshore and Warehouse Union, ILWU Local 8, and ILWU Local 40 (“ILWU”) violated section 8(b)(4)(ii)(B) of the Act. 29 U.S.C. § 158 (b)(4)(ii)(B).

It was not an abuse of discretion to conclude that the Board is likely to find that the Port controls the disputed work. The Port expressly retained the right to control the disputed work when it leased terminal operations to ICTSI Oregon, Inc. in 2010. In addition, ILWU’s argument regarding the shipping carriers ability to bypass the Port conflates the carriers’ control over their containers with the legal question of…