Hampton Roads Shipping Ass'n v. International Longshoremen's Ass'n

746 F.2d 1015, 117 L.R.R.M. (BNA) 2900
CourtCourt of Appeals for the Fourth Circuit
DecidedOctober 23, 1984
DocketNo. 84-1834
StatusPublished
Cited by6 cases

This text of 746 F.2d 1015 (Hampton Roads Shipping Ass'n v. International Longshoremen's Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hampton Roads Shipping Ass'n v. International Longshoremen's Ass'n, 746 F.2d 1015, 117 L.R.R.M. (BNA) 2900 (4th Cir. 1984).

Opinions

BUTZNER, Senior Circuit Judge:

The International Longshoremen’s Association and several affiliated locals (collectively the union) appeal from the entry of a preliminary injunction in an action brought by Hampton Roads Shipping Association. The injunction restrains the union from striking and requires the parties to arbitrate a dispute pursuant to the provisions of their local contract. Because the dispute is presently the subject of both arbitration under their master contract and litigation in the Southern District of New York, we affirm the restraint against a strike and vacate the order to engage in arbitration under the local contract.

I

The Shipping Association is a multiemployer, collective bargaining association that represents employers in Hampton Roads, Virginia, in negotiations with the union. The union supplies longshoremen and other waterfront employees to the Hampton Roads ports. The relationship between the union and the association is regulated by master and local contracts. The parties disagree over whether the master contract or the local contract governs a dispute about extra drivers for container gangs.

The parties to the master contract are the International and a group of regional shipping associations representing employers in 34 ports on the east coast and in the Gulf of Mexico. One of the regional associations is the Council of North Atlantic Shipping Associations, of which the Shipping Association is a member.

The master contract includes a containerization agreement, which, among other things, specifies: “The minimum size of the container gang used in loading or unloading containers to or from container ships shall consist of 18 men plus two drivers.” It also provides that alleged violations of the containerization agreement are first considered locally. If the dispute is not resolved, it is referred to the emergency hearing panel, which consists of an equal number of representatives from the union and the regional shipping associations. A decision of a majority of the panel is an enforceable arbitration award. If the panel deadlocks, a third party is selected to break the deadlock, and his decision becomes the arbitration award. The contract permits the International to withhold its services from any employer who refuses to abide by an arbitration award, and in this event, a local no-strike clause shall be inapplicable.

The local contract between the Shipping Association and the union also provides for a minimum gang of 18 men plus 2 drivers. In addition, it stipulates that utilization of the members of the gang is at the discretion of the employer. The local contract [1017]*1017provides for the arbitration of grievances by an arbitrator selected from a panel named by the Federal Mediation and Conciliation Service. It contains a no-strike clause.

II

On June 12,1984, the emergency hearing panel considered a grievance concerning the use of container gangs in the Port of Galveston, Texas, and issued an award containing two provisions. It first determined that under the master contract a container gang consisted of 18 men plus 2 drivers and that should additional drivers be required, they must be drawn from outside the gang. The award also provided that it applied to all parties to the master contract.

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746 F.2d 1015, 117 L.R.R.M. (BNA) 2900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hampton-roads-shipping-assn-v-international-longshoremens-assn-ca4-1984.