Allied International, Inc. v. International Longshoremen's Association, Afl-Cio

640 F.2d 1368, 106 L.R.R.M. (BNA) 2659, 1981 U.S. App. LEXIS 21218
CourtCourt of Appeals for the First Circuit
DecidedJanuary 6, 1981
Docket80-1425
StatusPublished
Cited by27 cases

This text of 640 F.2d 1368 (Allied International, Inc. v. International Longshoremen's Association, Afl-Cio) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allied International, Inc. v. International Longshoremen's Association, Afl-Cio, 640 F.2d 1368, 106 L.R.R.M. (BNA) 2659, 1981 U.S. App. LEXIS 21218 (1st Cir. 1981).

Opinions

CAMPBELL, Circuit Judge.

This is an appeal from a decision of the district court, 492 F.Supp. 334, denying plaintiff-appellant’s motion for a preliminary injunction and granting defendantsappellees’ motion to dismiss.1

The facts are much like those recently before this court in Walsh v. ILA, Local 799, 630 F.2d 864 (1st Cir. 1980). Allied International, Inc., is an importer of Russian wood products, which has contracted with two agencies of the USSR for the purchase of birch hardwood and plywood. Allied has also contracted (through a third Soviet agency) with Waterman Steamship Co. for the shipment of these wood products to the United States from the USSR. Waterman employs John T. Clark & Son, a stevedoring company, to unload its ships docking in Boston. Clark’s initial source of longshoremen is a hiring hall, operated by defendants International Longshoremen’s Association (ILA) and its Local 799 pursuant to a collective bargaining agreement between the unions and the Boston Shipping Association.

On January 9, 1980, one of Waterman’s ships, the Walton, was in Boston unloading a portion of Allied’s plywood and hardwood, prior to further unloading at other ports along the East Coast. On that date, defendant Thomas Gleason, President of the ILA, ordered ILA members to cease handling cargoes bound for or arriving from the Soviet Union, in protest of the invasion of Afghanistan by Soviet armed forces.2 In [1370]*1370response to Allied’s inquiries, Gleason informed Allied that ILA members would unload the Walton’s cargo in Boston, but not at any other United States port. As a result, Waterman cancelled the Walton’s scheduled calls, and unloaded all of Allied’s wood products cargo in Boston, where it was stored, accruing demurrage and security charges. Waterman also restricted the cargo then being loaded into the Middleton in Leningrad to one-third its scheduled size, cancelled its delivery to scheduled United States ports, and unloaded the wood products in Montreal. In addition, Waterman repudiated its agreement to transport Allied’s wood products aboard the Jefferson, which had not yet been loaded. ILA and Local 799 representatives informed Allied on March 12 and March 25, 1980 that no ILA members would unload any cargo originating in the USSR.

On March 31, 1980, Allied filed a complaint in the district court alleging that the ILA’s actions violated (1) the National Labor Relations Act (NLRA) prohibition against secondary boycotts, section 8(b)(4), 29 U.S.C. § 158(b)(4), for which Allied has a private right of action under section 303 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 187, and (2) the Sherman Act, 15 U.S.C. § 1, and (3) constituted tortious interference with Allied’s business relationships, in violation of admiralty law. The action was consolidated with Walsh v. ILA, supra, in which the Regional Director of the NLRB sought a preliminary injunction against the ILA Russian boycott. In a memorandum of June 17, 1980, the district court concluded that Allied had failed to state a cause of action on any of its three legal theories, and consequently dismissed the complaint. We examine each of appellant’s claims seriatim.

Secondary Boycott

The district court relied on its decision in Walsh v. ILA, 488 F.Supp. 524 (D.Mass.1980), in holding that Allied had not alleged a violation of NLRA section 8(b)(4), 29 U.S.C. § 158(b)(4), the secondary boycott prohibition. We did not reach the merits of the secondary boycott question on appeal in Walsh, because we considered the issue foreclosed in that case by the decision in Baldovin v. ILA, Civ.No. 80-259 (S.D.Tex. Feb. 15, 1980). Baldovin involved the ILA’s refusal to load grain aboard a ship bound for the Soviet Union, and the district court held the NLRB lacked jurisdiction over the dispute because it was not “in commerce.” Subsequent to our decision in Walsh, the Court of Appeals for the Fifth Circuit affirmed that holding. Baldovin v. ILA, 626 F.2d 445 (5th Cir. 1980). Because this case concerns parties different from those in Baldovin, that decision has no preclusive effect here. We therefore confront the secondary boycott issue on the merits.

Section 8(b)(4) provides, in pertinent part:

“(b) It shall be an unfair labor practice for a labor organization or its agents—
(4)(i) to engage in, or to induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services; or (ii) to threaten, coerce, or restrain any person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is—
[1371]*1371(B) forcing or requiring any person to cease using, selling, handling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person ... Provided, That nothing contained in this clause (B) shall be construed to make unlawful, where. not otherwise unlawful, any'"primary strike or primary picketing....”

We proceed first to the same question decided negatively by the Fifth Circuit in Baldovin—whether the secondary activity in question is sufficiently related to commerce to come within the prohibitions of the NLRA. See NLRA §§ 2(6) & (7), 29 U.S.C. §§ 152(6) & (7). While this case does not, as did Baldovin and Walsh, require consideration of the jurisdiction of the National Labor Relations Board, see NLRA § 10(a), 29 U.S.C. § 160(a), the secondary boycott prohibition itself reaches only activities aimed at individuals “employed by any person engaged in commerce or in any industry affecting commerce.”

At first blush, it might appear too plain for discussion that the ILA’s refusal to unload Allied’s goods affects both commerce and a person engaged in commerce. Allied, Waterman and Clark are American companies and the ILA is an American union. All engage regularly in business affecting the transportation of goods among the several states. Indeed, the instant dispute arose when the ILA’s actions allegedly impeded Allied’s ability to move its wood products from Boston to other ports along the East Coast, and Allied contends that the ILA continues to frustrate its ability to transport its goods into this country.

However, the terms “in commerce” and “affecting commerce,” as used in the NLRA, are “obviously not self-defining,” Windward Shipping (London) Ltd. v. American Radio Association, 415 U.S. 104, 112, 94 S.Ct. 959, 964, 39 L.Ed.2d 195 (1974).

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Bluebook (online)
640 F.2d 1368, 106 L.R.R.M. (BNA) 2659, 1981 U.S. App. LEXIS 21218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allied-international-inc-v-international-longshoremens-association-ca1-1981.