Columbia Export Terminal, LLC v. International Longshore and Warehouse Union, et al.

Petitioner Columbia Export Terminal, LLC brought claims under the Racketeer Influenced Corrupt Organizations Act (“RICO”) against an international union and individual members of two local unions affiliated with the international union. On a motion to dismiss, the district court held that § 301 of the Labor Management Relations Act (“LMRA”) preempted the RICO claims. A divided panel of the Ninth Circuit Court of Appeals affirmed. Judge Ikuta dissented, and Judge Bennett, joined by judges Ikuta, Nelson, Bumatay, and VanDyke dissented from the Ninth Circuit’s denial of rehearing en banc. The questions presented are:

1. Does § 301 of the LMRA preempt claims brought in federal court under federal statutes, like the RICO claims in this case?

2. In interpreting the arbitration provisions in a collective bargaining agreement, may a federal court apply a presumption that the claims asserted are arbitrable without first finding the arbitration provisions to be ambiguous?

3. Must, as the panel majority held in this case, statutory claims be arbitrated if a collective bargaining agreement contains arbitration provisions that do not expressly exclude statutory claims from arbitration?