Pacific Maritime Association v. National Labor Relations Board, No. 19-1101 (D.C. Cir. 2020)Annotate this Case
Pacific is the multi-employer bargaining representative in collective bargaining agreements (CBAs) for its employer members. One member, Long Beach, employs watchmen, represented by Local 26, and marine clerks, represented by another union, under separate agreements. Pleas, a watchman, had a work-related argument with a marine clerk, who filed a grievance against Pleas under the clerks' CBA. Local 26 wrote Pacific that it was not bound by that agreement and requested that Pacific not take action against Local 26 members based on the proceedings. Neither Pleas nor a Local 26 representative attended the arbitration hearing. The Arbitrator found that Pleas had violated the clerks' CBA and should be suspended from working at all Pacific employer member terminals for 28 days. Pacific notified its employer members of Pleas’ suspension. Local 26 filed unfair labor practice charges, alleging that those actions impermissibly modified the Watchmen’s Agreement and unilaterally imposed a new term and condition of employment without bargaining.
The NLRB and D.C. Circuit found a violation of the NLRA, 29 U.S.C. 158(a)(1), (5), 158(d). Under the Watchmen’s Agreement, there was no “sound arguable basis” for Pacific and Long Beach to apply the clerks' CBA procedures and enforce the Arbitrator’s order against Pleas, who was covered under the Watchmen’s Agreement. Doing so unlawfully unilaterally changed the terms and conditions of Pleas’ employment.