International Longshoremen's Ass'n, Local 1291 v. Philadelphia Marine Trade Ass'n

389 U.S. 64, 88 S. Ct. 201, 19 L. Ed. 2d 236, 1967 U.S. LEXIS 2744, 11 Fed. R. Serv. 2d 1454, 66 L.R.R.M. (BNA) 2433
Supreme Court of the United States·Decided November 6, 1967·No. 34·Published·Cited by 465 cases

Opinions

Mr. Justice Stewart

delivered the opinion of the Court.

These cases arise from a series of strikes along the Philadelphia waterfront. The petitioner union, representing the longshoremen involved in those strikes, had entered into a collective bargaining agreement in 1959 with the respondent, an association of employers in the Port of Philadelphia. The agreement included provisions for compensating longshoremen who are told after they report for duty that they will not be needed until the afternoon.1 The union construed those “set-back” provi[66] sions to mean that, at least in some situations, longshoremen whose employment was postponed because of unfavorable weather conditions were entitled to four hours’ pay; the association interpreted the provisions to guarantee no more than one hour’s pay under such circumstances.

In April 1965, when this disagreement first became apparent, the parties followed the grievance procedure established by their collective bargaining contract and submitted the matter to an arbitrator for binding settlement.2 On June 11 the arbitrator ruled that the [67] association’s reading of the set-back provisions was correct.3 In July, however, a group of union members refused to unload a ship unless their employer would promise four hours’ pay for having set back their starting [68] time from 8 a. m. to 1 p. m. The union sought to arbitrate the matter, but the association viewed the original arbitrator’s decision as controlling and instituted proceedings in the District Court to enforce it. The complaint alleged that the union had refused “to abide by the terms of the Arbitrator’s Award . . . resulting in serious loss and damage to [the] Employer . . . and to the Port of Philadelphia.” This refusal, the complaint charged, constituted “a breach of the applicable provisions of the current Collective Bargaining Agreement between the P. M. T. A. and the Union.” The complaint concluded with a prayer “that the Court set an immediate hearing and enter an order enforcing the Arbitrator’s Award, and that plaintiff may have such other and further relief as may be justified.”

Before the court could take any action, the employer had met the union’s demands and the men had returned to work. The District Court heard evidence in order to “put the facts on record” but concluded that the case was “moot at the moment” and decided simply to “keep the matter in hand as a judge [and] take jurisdiction .. . [i]f anything arises.” A similar situation did in fact arise — this time in September. Again, before the District Court could act, the work stoppage ended. The association nonetheless requested

“an order ... to make it perfectly clear to the [union] that it is required to comply with the Arbitrator’s award because we cannot operate in this port if we are going to be continually harassed by the Union in taking the position that they are not going to abide by an Arbitrator’s award . . . .”

Counsel for the union rejected that characterization of its position. He submitted that the set-back disputes of July and September were distinguishable from the one which occurred in April, and that the arbitrator’s deci[69] sion of June 11, 1965, resolving the April controversy, was not controlling.4 The District Court expressed no opinion on any of these contentions but simply entered a decree, dated September 15, 1965, requiring that the arbitrator’s award “issued on June 11,1965, be specifically enforced.” The decree ordered the union “to comply with and to abide by the said Award.” It contained no other command.5

[70] When the District Court first indicated that it would issue such a decree, counsel for the union asked the court for clarification:

“Mr. Freedman: Well, what does it mean, Your Honor?
“The Court: That you will have to determine, what it means.
“Mr. Freedman: Well, I am asking. I have to give my client advice and I don’t know what it means. I am asking Your Honor to tell me what it means. It doesn’t—
“The Court: You handled the case. You know about it. . . .
“Mr. Freedman: I am telling you very frankly now I don’t know what this order means, this proposed order. It says, ‘Enforcement of the award.’ Now, just what does it mean? . . . The arbitration . . . involved an interpretation of the contract under a specific set of facts .... Now, how do you enforce it? That case is over and done with. These are new cases. Your Honor is changing the contract of the parties when you foreclose them from going to arbitration on this point again.”
“The Court: The Court has acted. This is the order.
“Mr. Freedman: Well, won’t Your Honor tell me what it means?
“The Court: You read the English language and I do.”

Although the association had expressly told the District Court that it was “not seeking to enjoin work stop[71] pages,” counsel for the union asked whether the decree might nonetheless have that effect:

“Mr. Freedman: . . . Does this mean that the union cannot engage in a strike or refuse to work or picket?
“The Court: You know what the arbitration was about. You know the result of the arbitration.
“I have signed the order. Anything else to come before us?
“Mr. Freedman: I know, but Your Honor is leaving me in the sky. I don’t know what to say to my client.
“Mr. Scanlan: No, I have nothing further, Your Honor.
“The Court: The hearing is closed.”

Thus, despite counsel’s repeated requests, the District Judge steadfastly refused to explain the meaning of the order.

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International Longshoremen's Ass'n, Local 1291 v. Philadelphia Marine Trade Ass'n, 389 U.S. 64, 88 S. Ct. 201, 19 L. Ed. 2d 236, 1967 U.S. LEXIS 2744, 11 Fed. R. Serv. 2d 1454, 66 L.R.R.M. (BNA) 2433 (1967).

389 U.S. 64 (International Longshoremen's Ass'n, Local 1291 v. Philadelphia Marine Trade Ass'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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