Nine longshoremen, all of whom were members of Local 13 of the International Longshoremen's and Warehousemen's Union, found that they were having difficulty getting jobs. The problem seemed to be that Local 13 had refused to place them on a hiring list at the union's hiring hall.
Because this list was the only way that union members could get jobs as longshoremen, the nine union members were in effect being boycotted by the union and, as a result, by all potential employers. When the out-of-work union members filed grievances with Local 13, they were effectively ignored. To challenge these actions (as well as others not covered here), the out-of-work longshoremen filed a complaint with the National Labor Relations Board (NLRB). The NLRB and the District Court dismissed the complaint, and the longshoremen appealed. The union argued that the question of whether to place certain members on the hiring list was a purely internal union affair that could not be challenged by the NLRB or the courts.
The longshoreman contended that by refusing to place them on the list and ignoring their grievances, the union was being unfair to them. Should the appeals court overturn this ruling by the NLRB and the District Court? Explain.
Richard Diaz, et al. v. International Longshoremen's and Warehousemen's Union, Local 13 , Case No. 04-56957 (U.S. Court of Appeals for the Ninth Circuit).