Washington Law Review


The Alaska District Court recently confronted this conflict in IBEW v. Teamsters. The IBEW was the certified collective bargaining agent of an employee unit, and had signed a no-raiding agreement with the Teamsters. In violation of the agreement, Teamsters representatives solicited authorization cards from employees already represented by the IBEW, and, upon obtaining the required number of cards, filed a petition for certification as bargaining agent with the Board. At the hearing before the Board to determine whether to conduct an election, the IBEW asserted the no-raiding agreement as a bar to the Teamster's petition. The Board ordered an election in spite of the agreement. While the balloting was being conducted, the IBEW brought an action in federal district court under Section 301 of the LMRA for specific performance of the no-raiding agreement. On motions for summary judgment and dismissal, the court held that although a federal district court has no power under Section 301 to enforce a no-raiding agreement after the NLRB has ordered an election, it does have general jurisdiction to review the validity of the Board's action in ordering the election; if the election order is invalid, the no-raiding agreement then can be enforced.

First Page