UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 3, 2011
PACIFIC MARITIME ASSOCIATION, A CALIFORNIA CORPORATION,
INTERNATIONAL LONGSHORE AND WAREHOUSE UNION,
AN UNINCORPORATED LABOR ORGANIZATION; AND INTERNATIONAL LONGSHORE AND WAREHOUSE UNION,
LOCAL 54, AN UNINCORPORATED LABOR ORGANIZATION, DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
At the time of the last April 15, 2011 hearing on Plaintiff's Motion for Preliminary Injunction, the Court reset the matter for May 5, 2011 in order to accommodate counsel's request for an evidentiary hearing before any further decision on injunctive relief was rendered. The Court further ordered that any supplemental briefing germane to Plaintiff's Motion be submitted not later than April 28, 2011.
On April 28, 2011, counsel for Defendant International Longshore & Warehouse Union and ILWU Local 54 (hereinafter "Union") informed the Court that it will stipulate to judicial confirmation and enforcement of the arbitration awards pertaining to the assignment of temporary walking boss jobs and any work stoppages in connection with the dispute concerning such assignment. The two awards which the Union now agrees can be enforced are Coast Arbitrator John Kagel's decision of August 23, 2010 (C-07-2010) and Relief Area Arbitrator Joseph Lucas' recent April 14, 2011 decision (NCAA-021-2011) which found, in favor of Plaintiff Pacific Maritime Association ("PMA"), that an illegal work stoppage had occurred in violation of Sections 11.1 and 17.57 of the applicable collective bargaining agreement. Given its agreement to enforcement of the aforementioned awards pertaining to work stoppage, the Union argues that PMA's preliminary injunction request is now moot. The Court agrees. Although PMA's supplemental briefing appears to suggest that two intermediate arbitration awards should also be enforced (namely, decisions NCAA-001-2009 and NCAA-027-2009), both those decisions were superseded by the Coast Arbitrator's final award of C-07-10 and consequently only C-07-2010 is properly subject to enforcement. In addition, the April 14, 2011 award (NCAA-021-2011), though intermediate, is in favor of PMA and therefore the Union's agreement to stipulate to enforcement of such award against it (and to forego any further appeal) makes NCAA-021-2011 final as well.
Finally, while the Supplemental Declaration of L. Julius M. Turman indicates that yet another procedural award should be enforced (C-05-2009), PMA's supplemental briefing itself specifically concedes that it is not seeking a preliminary injunction as to that award (PMA's Amended Supplemental Brief, 3:1-2). Consequently all the relief requested by way of preliminary injunction is either moot or withdrawn. PMA's Motion for Preliminary Injunction (ECF No. 15) is accordingly DENIED. The hearing set for May 5, 2011 is vacated.
IT IS SO ORDERED.
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