Douds v. International Longshoremen's Ass'n

United States Court of Appeals for the Second Circuit · Labor Law

Labor LawNational Labor Relations ActCollective BargainingTemporary InjunctionsSection 8(b)(3)Section 9(a)Section 9(b)Section 9(c)

Facts

The ILA and the New York Shipping Association began negotiating a new collective bargaining agreement while the ILA demanded that the bargaining unit be expanded from the Port of Greater New York to almost all Atlantic and Gulf Coast ports. The NLRB, in a representation proceeding, determined that the appropriate unit remained the Port of Greater New York and vicinity, held an election, and on October 25, 1956 certified the ILA as representative for that unit. The Shipping Association filed a charge alleging that the ILA refused to bargain in good faith by insisting on bargaining for a coastwide unit and refusing to negotiate terms for the Board-approved New York unit. After negotiations reached impasse and a strike was called in Gulf Coast ports, the Board sought and obtained a temporary injunction forbidding the ILA from insisting on a change in the Board-approved unit.

Issue

Whether the Board's charge and complaint were sufficient under Sections 10(b) and 10(j) to support a temporary injunction, and whether insisting on bargaining for a unit different from the Board-determined appropriate unit constituted a refusal to bargain in good faith under Section 8(b)(3). Also, whether Section 13's protection of the right to strike deprived the district court of power to issue the injunction.

Rule

Once the Board has determined the appropriate bargaining unit under Section 9, a party's insistence over the other party's objection on changing that unit interferes with the required bargaining over wages, hours, and conditions of employment and constitutes a refusal to bargain in good faith under Section 8(b)(3). For Sections 10(b) and 10(j), the charge need only allege an unfair labor practice to set the Board's inquiry in motion; the complaint may include later acts so long as it concerns the same class of violation and is a continuation of the same course of conduct and objective. A district court may issue temporary relief under Section 10(j) when there is reasonable cause to believe the unfair labor practice charged in the complaint occurred and injunctive relief is just and proper, notwithstanding Section 13 because Section 10(j) specifically provides for such injunctions.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Cleveland, the NLRB certified a bargaining unit consisting of warehouse technicians employed by Lakefront Storage Council members in the Cleveland metropolitan area. During contract talks, the union refused to discuss wages unless the employers agreed to bargain over a unit covering technicians throughout Ohio, and the employers objected.

Which is the strongest analysis of the union's conduct?

Explanation. Once the Board has determined the appropriate unit under Section 9, the parties must bargain within that framework over wages, hours, and conditions of employment. A party's insistence, over the other side's objection, on replacing the Board-approved unit with a different one disrupts bargaining and denies the Board ultimate control over unit determination, so it constitutes a refusal to bargain in good faith under Section 8(b)(3). (Derived from Douds v. International Longshoremen's Ass'n (n.d.).)