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AMERICAN PRESIDENT LINES v. ILWU

No. 11-36080.

721 F.3d 1147 (2013)

AMERICAN PRESIDENT LINES, LTD., Plaintiff-Appellant, v. INTERNATIONAL LONGSHORE AND WAREHOUSE UNION, ALASKA LONGSHORE DIVISION, UNIT 60, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2013.

Attorney(s) appearing for the Case

Philip L. Ross (argued), Littler Mendelson, P.C., San Francisco, CA; Douglas S. Parker , Littler Mendelson, P.C., Anchorage, AL, for Plaintiff-Appellant.

Robert S. Remar (argued), Eleanor I. Morton , and Emily M. Maglio , Leonard Carder, LLP, San Francisco, CA, for Defendant-Appellee.

Before: A. WALLACE TASHIMA, RICHARD C. TALLMAN, and N. RANDY SMITH, Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

Section 303 of the Labor Management Relations Act1 ("LMRA") provides a judicial forum to pursue damages resulting from certain unfair labor practices2 committed by a union. In rare cases, the union can commit a predicate unfair labor practice through its conduct in an arbitration proceeding. The plaintiff employer's claim requires us to resolve whether Section 303 permits...

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