International Longshoremen's Ass'n v. National Labor Relations Board

723 F.2d 963, 232 U.S. App. D.C. 437, 115 L.R.R.M. (BNA) 2093, 1983 U.S. App. LEXIS 14331
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 20, 1983
DocketNo. 82-2281
StatusPublished
Cited by4 cases

This text of 723 F.2d 963 (International Longshoremen's Ass'n v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Longshoremen's Ass'n v. National Labor Relations Board, 723 F.2d 963, 232 U.S. App. D.C. 437, 115 L.R.R.M. (BNA) 2093, 1983 U.S. App. LEXIS 14331 (D.C. Cir. 1983).

Opinion

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The petitioners in this case (ILA or Union) have insisted on the right of their members to exercise a political protest by refusing to handle Russian ships and cargo. The current series of cases, of which this is one, arises from an effort to protest the Russian invasion and occupation of Afghanistan. As persistently as the Union has sought to claim this right of refusal, the National Labor Relations Board (NLRB or Board) has insisted that this refusal constitutes an illegal secondary boycott and violation of section 8(b)(4) of the National Labor Relations Act (Act). We agree with the Board and order enforcement of its order.

Shortly after the Soviet Union invaded Afghanistan in 1979, the United States imposed an embargo on exports to the Soviet Union. Certain grain shipments, including the shipment specifically involved in this case, were exempt from the embargo. The ILA, however, apparently of the opinion that there should be no exemptions from the embargo, adopted a resolution that its members would not handle any goods being exported to, or arriving from the Soviet Union.

We here address a Houston Local’s implementation of this national policy. Sovfracht Chartering Corporation, a Soviet government maritime agency, was engaged to transfer a duly exempted and licensed grain shipment to the Soviet Union and chartered a Belgian ship, The Belgium, to transport the grain from the port of Houston. Under the collective bargaining agreement then in effect between the ILA and Houston stevedore companies, the stevedore companies had to hire all longshoremen employees from ILA hiring halls. When TTT Stevedores, a party to the collective bargaining agreement, sought to load the Soviet-bound grain onto The Belgium, they were informed by the ILA local representatives that the Union would not supply longshoremen, pursuant to the ILA resolution. When Sovfracht was advised of this refusal, it cancelled The Belgium’s stop in Houston while the ship was still at sea.

The Administrative Law Judge (ALJ) who first heard the case, brought by the Board’s General Counsel, found that ILA’s activities were not “in commerce” within the meaning of the Act and therefore no violations existed. The NLRB reversed this finding and issued the order under review. Notwithstanding some feeble efforts by the ILA to deny a few details of what occurred, it is clear that if the transactions in question were “in commerce,” the conduct of the Union violated section 8(b)(4) of the Act and the Board accordingly had jurisdiction to enter its order.

Section 8(b)(4) of the Act makes it an unfair labor practice for a union or its agents to induce a refusal to handle goods or provide services where the object is to force or require any person “to cease doing business with any other person.” As with the rest of the Act, the touchstone for its application must be that the persons involved or affected are engaged “in commerce.” The Act defines commerce to include trade or commerce “between any foreign country and any state.” 29 U.S.C. § 152(6) (1976). ILA seeks to avoid the broad brush of this definition and the obvious consequences of their conduct on “commerce” by stretching an inapposite exception to the Act.

In a line of cases beginning with Benz v. Compania Naviera Hidalgo, 353 U.S. 138, 77 S.Ct. 699, 1 L.Ed.2d 709 (1957), the Supreme Court has precluded Board jurisdiction over certain aspects of foreign ship operations. In Benz, the Court held that picketing by an American union in support of striking [439]*439foreign crew members was not within the reach of section 8(b)(4) because the internal labor relations of foreign crews on foreign vessels was not the kind of labor dispute that Congress fashioned the Act to resolve. Significantly, the Court further noted in Benz that absent a clearly expressed congressional intent, it would not “run interference in such a delicate field of international, relations.” Id. at 147, 77 S.Ct. at 704. The progeny of the Benz, ease, all holding that the Act did not apply, consistently turned on the rationale that the Act could not be used to regulate labor relations on foreign vessels. See, e.g., Windward Shipping, Ltd. v. American Radio Association, 415 U.S. 104, 94 S.Ct. 959, 39 L.Ed.2d 195 (1974); Incres Steamship Co. v. International Maritime Workers Union, 372 U.S. 24, 83 S.Ct. 611, 9 L.Ed.2d 557 (1963). To try to squeeze this case into the Benz exception to Board jurisdiction places an unmanageable load on the single fact that the ship in question had a foreign bottom.

The Union’s reliance on Benz and its progeny is misplaced because none of ILA’s conduct here was aimed at influencing working conditions aboard The Belgium. Its policy resolution did not have any pertinence to the way Sovfracht or The Belgium managed its labor relations. The resolution sought to influence the very essence of commerce — trade between two sovereigns. The Benz line of cases is simply inapposite.

The deficiencies of the ILA’s legal analysis are compounded by the holding and language of ILA v. Allied International, Inc., 456 U.S. 212, 102 S.Ct. 1656, 72 L.Ed.2d 21 (1982). In addressing a boycott identical to the boycott involved in this case, a unanimous Supreme Court found that the Board had jurisdiction. Since the events in Allied were “played out by an All-American cast,” the Court found that the Benz “tradition of restraint in applying the laws of this country to ships of a foreign country ... is irrelevant.” 456 U.S. at 221, 102 S.Ct. at 1662. If that had been the only justification for finding that the NLRB had jurisdiction, Allied might well be distinguishable. But almost as if in contemplation of this case, the Court also recognized two additional reasons for finding that the ILA’s boycott efforts affected commerce and therefore were under the Board’s jurisdiction. The Court specifically found that the ILA had become involved in foreign policy as a result of the boycott, and after noting that the State Department was concerned about ILA’s conflict with foreign policy interests, the Court concluded that “[fjederal jurisdiction is supported by the national interests affected by the ILA.” 456 U.S. at 221 n. 17, 102 S.Ct. at 1662 n. 17. The Court also pointed out the serious consequences of a “no jurisdiction” holding on such boycott conduct:

Were the effects of this boycott not “in commerce,” complaining parties could seek relief in state courts. The possibility of conflicting decisions by a multitude of state courts frustrates one of the basic purposes of the NLRA — to establish a uniform national labor policy.

Id.

Neither the “national interest” rationale nor the “conflicting decisions” rationale rest on the registry of the ships involved. Logically, both points thus apply here and mandate our enforcement of the Board’s order.

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Dowd v. International Longshoremen's Association
975 F.2d 779 (Eleventh Circuit, 1992)
Dowd v. International Longshoremen's Ass'n
975 F.2d 779 (Eleventh Circuit, 1992)
No. 82-2281
723 F.2d 963 (D.C. Circuit, 1983)

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723 F.2d 963, 232 U.S. App. D.C. 437, 115 L.R.R.M. (BNA) 2093, 1983 U.S. App. LEXIS 14331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-longshoremens-assn-v-national-labor-relations-board-cadc-1983.