Anchorage Independent Longshore Union Local 1 v. Municipality of Anchorage

672 P.2d 891, 1983 Alas. LEXIS 502
CourtAlaska Supreme Court
DecidedNovember 10, 1983
DocketNo. 6717
StatusPublished

This text of 672 P.2d 891 (Anchorage Independent Longshore Union Local 1 v. Municipality of Anchorage) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anchorage Independent Longshore Union Local 1 v. Municipality of Anchorage, 672 P.2d 891, 1983 Alas. LEXIS 502 (Ala. 1983).

Opinion

OPINION

BURKE, Chief Justice.

This case involves the issuance of a Port of Anchorage terminal use permit to the Odom Corporation, doing business as Anchorage Cold Storage (Odom). Odom’s permit allows it access to the public dock at the Port of Anchorage to unload and obtain possession of its goods upon their arrival, by barge, at the Port. The Anchorage Independent Longshore Union Local No. 1 (Union) is a current permit holder under a union contract, and its members challenge the validity of Odom’s permit. We reverse the superior court’s decision granting summary judgment to Odom and the Municipality of Anchorage.

I

Odom is a local distributor that formerly had a collective bargaining agreement with Teamsters Local 959. When negotiations for a new contract between the parties broke down in June of 1981, Local 959 commenced a strike against Odom. The strike included a boycott of products distributed by the company and daily picketing at all retail outlets carrying those products. In addition, the Teamsters’ picket line led to a refusal by common carriers to haul Odom’s goods from Seattle to Anchorage, which prior to the labor dispute were transported through the Port by Union longshoremen. Odom, thereby, was required to charter a barge to haul its goods to Anchorage, and to use non-union employees as longshoremen.

In late September of 1981, Odom contacted the Municipality to obtain a permit to land the barge at Anchorage and, using non-union employees, unload its goods. Mayor George Sullivan requested advice from Chief Administrative Officer Ron Gar-zini with respect to Odom’s use of Port facilities. Garzini advised that because of the public nature of the dock, there was no reason to deny access, especially in light of Union’s refusal to unload Odom’s goods. After the Port Manager confirmed his advice, Garzini with the assistance of the Municipality’s legal office, authorized the preparation of the permit granting Odom access to the Port solely for the purpose of offloading its goods. The barge was expected to arrive in Anchorage within a few days.

Two provisions of Terminal Tariff No. 2 provide for the issuance of terminal use permits. Part 120 allows authorization by [893]*893the Port Director1 and Part 215 allows for issuance by the Port Commission.2 Purportedly pursuant to Part 120, on October 2, 1981, Municipal Manager John Valensi executed the Odom permit authorizing access to the Port.

The Odom barge was delayed due to mechanical difficulties and did not arrive until late October. As a result of this delay, James Dunn, Director of Transportation, and Chris Gates, Acting Port Director and Manager of Marketing and Development, received clearance to present the Odom permit to the Port Commission for its consideration and approval. Because of the late date decision to go before the Port Commission, the Commission agenda for the regularly scheduled October 21 meeting did not include an express reference to the Odom permit. Instead the permit was proposed and discussed as an item among those designated: “items not on the Agenda.” Union business agent Bud Kowalski, having been informed that the Odom permit might be discussed at the meeting, was present and took the opportunity to address the Commission regarding the permit.

Union filed suit against the Municipality on October 29, 1981, seeking a temporary restraining order and a preliminary injunction to invalidate Odom’s authorized permit for use of the Anchorage Port. The superi- or court denied Union’s request for a temporary restraining order on the grounds that it had not shown irreparable harm or a probable success on the merits.

Odom filed a motion to intervene as a defendant. In addition, it filed its opposition to Union’s motion for a preliminary injunction and included its own motion for summary judgment. On February 9, 1982, after a hearing and oral arguments, the superior court granted summary judgment to the Municipality and Odom without opinion. This appeal followed. We reverse,

II

The Municipality and Odom argue that Union lacks standing to pursue this appeal. This court has repeatedly stated that the purpose of the standing requirement is to assure that there will be sufficient adversity to produce genuine litigation of the issue in controversy. Wagstaff v. Superior Court, 535 P.2d 1220, 1225 (Alaska 1975); see also Public Defender Agency v. Superior Court, 584 P.2d 1106, 1108 (Alaska 1978) (adversity is the essence of the requirement of standing); Moore v. State, 553 P.2d 8, 25 (Alaska 1976) (the only relevant inquiry in determining the question of standing is adversity).

Union is suffering competitive injury since the effect of its strike was significantly diminished once Odom was permitted to handle its own goods. This alone, we believe, is sufficient injury in fact to assure the degree of adversity that is essential to the concept of standing. Compare Sisters of Providence v. Department of Social Services, 648 P.2d 970 (Alaska 1982) with K & L Distributors, Inc. v. Murkowski, 486 P.2d 351 (Alaska 1971).

Ill

On the merits, we hold that there were genuine issues of fact that precluded entry of summary judgment in favor of Odom and the Municipality.3 Those issues [894]*894include whether there was compliance with Terminal Tariff No. 2 and whether the Port Commission’s later ratification of the permit complied with the requirements of AS 44.62.310 and § 1.25.010 of the Anchorage Municipal Code.

A. The Scope and Proper Application of Parts 120 and 215 of Tariff 2.

Although the construction of the tariff provisions might appear at first glance to be a question of law, appropriate for determination on summary judgment, we believe this is not the case. Testimony regarding the administrative interpretation of these regulations is important to their interpretation by the courts. Tunley v. Municipality of Anchorage School District, 631 P.2d 67, 78 n. 30 (Alaska 1980); State, Department of Highways v. Green, 586 P.2d 595, 602 n. 21 (Alaska 1978); Absher v. State, 500 P.2d 1004, 1005 (Alaska 1972). Thus, the interpretation of the scope of the provisions is a mixed question of law and fact, inappropriate for summary disposition.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Moore v. State
553 P.2d 8 (Alaska Supreme Court, 1976)
Wagstaff v. Superior Court, Family Court Division
535 P.2d 1220 (Alaska Supreme Court, 1975)
K & L DISTRIBUTORS, INC. v. Murkowski
486 P.2d 351 (Alaska Supreme Court, 1971)
State, Department of Highways v. Green
586 P.2d 595 (Alaska Supreme Court, 1978)
Tunley v. Municipality of Anchorage School District
631 P.2d 67 (Alaska Supreme Court, 1981)
Absher v. State, Department of Highways
500 P.2d 1004 (Alaska Supreme Court, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
672 P.2d 891, 1983 Alas. LEXIS 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anchorage-independent-longshore-union-local-1-v-municipality-of-anchorage-alaska-1983.