International Longshore and Warehouse Union v. Pacific Maritime Association

Filing 29

SECOND ORDER POSTPONING ENFORCEMENT OF LABOR ARBITRATION SUBPOENA Motion Hearing set for 1/26/2012 03:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on December 22, 2011. (whalc2, COURT STAFF) (Filed on 12/22/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 11-05222 WHA

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For the Northern District of California

United States District Court

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INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION,

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Petitioner,

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v.
PACIFIC MARITIME ASSOCIATION,
Respondent.
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SECOND ORDER POSTPONING
ENFORCEMENT OF LABOR
ARBITRATION SUBPOENA

Petitioner International Longshore and Warehouse Union brought this action to enforce a

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labor arbitration subpoena issued by Coast Arbitrator John Kagel. On December 8, 2011, the

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parties appeared for a hearing on the petition to enforce the labor arbitration subpoena. At that

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time, the undersigned judge stated that a ruling on the petition to enforce the arbitration subpoena

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would be postponed until the arbitrator ruled on respondent’s objections. Respondent was given

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two weeks to move the arbitrator to rule on the objections and was ordered to produce the

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documents to which no objections were raised by noon on December 12. A further hearing was

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set for 8:00 a.m. on December 22.

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Respondent filed a notice on December 9 stating that on December 8 it had requested that

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the arbitrator rule on the objections to the subpoena at issue. The notice also indicated that the

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arbitrator set a hearing on the objections for December 16. On December 12, respondent filed a

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second notice stating that it had “produced written responses and documents to the Internal

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Longshore Workers Union [sic], with regard to categories of request to which there were no

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objections, in response to the subpoena issued on September 14, 2011” (Dkt. No. 27 at 2).

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Last night, petitioner filed a notice indicating that it had withdrawn and modified the

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requests to which respondent objected, and as a result, the parties agreed that respondent’s

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objections were moot (Dkt. No. 28 at 2). At the hearing today, the parties informed the Court that

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they did not appear before the arbitrator on December 16, as had been scheduled, because they

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had reached an agreement that the objections were moot. Still, petitioner requested that the

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undersigned confirm and enforce the arbitration subpoena.

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This Court will not enforce the arbitration subpoena absent a ruling by the arbitrator on
the subpoena he issued. Petitioner must go to the arbitrator and request a ruling from him. If

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For the Northern District of California

United States District Court

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petitioner believes respondent has not produced all of the requested documents, then petitioner

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must also raise that issue with the arbitrator. Then, once the arbitrator makes a ruling, the

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undersigned will enforce it, having the benefit of the ruling of the arbitrator who issued the

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subpoena and is familiar with the facts at issue.

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A further hearing is set for 3:00 P.M. ON JANUARY 26, 2012. Petitioner must go to the

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arbitrator and obtain a ruling on the arbitration subpoena prior to the hearing date. The petitioner

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shall file a copy of the ruling with the court no later than NOON ON JANUARY 25.

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IT IS SO ORDERED.

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Dated: December 22, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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