In June 2012, in response to the PMA and ILWU’s effort to seek court enforcement of the parties’ collective bargaining agreement against PMA member company ICTSI at its Terminal 6 facility in Portland, Oregon, ICTSI took the extreme and unprecedented step of suing the PMA and ILWU for alleged federal antitrust violations.
On March 24, 2014, a Federal District Court Judge dismissed ICTSI’s scurrilous antitrust claims. In his Opinion and Order, Federal Judge Michael Simon upheld the well-established statutory exemption from antitrust scrutiny of traditional union activities and acknowledged the ILWU’s legitimate interest in engaging in activities normally associated with labor disputes. The Judge also rejected ICTSI’s absurd monopoly claim and recognized the valid work preservation intent of applicable sections of the ILWU-PMA contract.
In addition to dismissing ICTSI’s antitrust claim, the Federal District Court Judge dismissed the Port of Portland’s claim that PMA and the ILWU had intentionally interfered with the Port’s contractual relationship with ICTSI and IBEW Local 48.