ICTSI Oregon, Inc. v. International Longshore and Warehouse Union, et al.

Petitioner ICTSI Oregon, Inc. (“ICTSI”) alleged that Respondents International Longshore and Warehouse Union and Pacific Maritime Association violated the antitrust laws by conspiring to expand their collective bargaining unit to seize work historically performed by employees of a non-signatory employer through unlawful secondary conduct that violates the National Labor Relations Act (“NLRA”). The Ninth Circuit accepted these allegations as true, but held that ICTSI’s antitrust claim was nonetheless barred by the nonstatutory labor exemption from antitrust liability. The question presented is: Whether a claim that parties to a collective bargaining agreement have violated the antitrust laws by conspiring to seize work controlled by employers outside the bargaining unit through coercion that violates Sections 8(b)(4)(B) and 8(e) of the NLRA is barred as a matter of law by application of the nonstatutory labor exemption. (i)