Copyright (c) 1994 Suffolk Transnational Law Review
Suffolk Transnational Law Review
LABOR LAW - NLRB Jurisdiction - NLRA Governs American Union's Attempt to Solicit Japanese Importers' Boycott of American Stevedores, Dowd v. Int'l Longshoremen's Ass'n, 975 F.2d 779 (11th Cir. 1992).
17 Suffolk Transnat'l L. Rev. 609
Eileen M. Cedrone
The National Labor Relations Act ("NLRA" or "Act") governs labor relations between employers and employees. 1 Its secondary boycott provision prohibits unions from coercing neutral third parties to boycott an employer in a labor dispute. 2 In Dowd v. International Longshoremen's Ass'n, 3 the United States Court of Appeals for the Eleventh Circuit considered whether the NLRA's secondary boycott provision prohibited the attempts by the International Longshoremen's Association ("ILA"), to coerce Japanese importers to boycott certain American stevedoring companies. 4 The appellate court held that the union's conduct came within the NLRA's jurisdiction. 5
The ILA engaged in a labor dispute concerning two American stevedoring companies' use of nonunion labor. 6 The two companies, Coastal Stevedoring Company ("Coastal") and Port Canaveral Stevedoring Limited ("Canaveral"), loaded citrus fruit for export to Japan from Fort Pierce and Port Canaveral, Florida. 7 In order to discourage Coastal's and Canaveral's use of nonunion labor, ILA representatives met in Japan with Japanese union officials to solicit their aid in coercing Japanese importers to boycott citrus fruit loaded in Florida by stevedoring companies using nonunion labor. 8 After its meeting in Japan, the ILA mailed two letters from the United States to the Japanese unions, the first affirming its request for aid, the second endorsing actions the Japanese unions had taken on the ILA's behalf. 9
Upon learning of the ILA's actions, the United States stevedoring companies filed charges with the National Labor Relations Board ("NLRB") alleging the ILA violated the NLRA's secondary boycott provision ...
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.