No. 25-1052

Samson Tug and Barge Co., Inc. v. International Longshore and Warehouse Union, Alaska Longshore Division, et al.

Lower Court: Ninth Circuit
Docketed: 2026-03-05
Status: Pending
Type: Paid
Tags: arbitration hot-cargo labor-union national-labor-relations-act secondary-boycott work-preservation-defense
Latest Conference: N/A
Question Presented (from Petition)

1. Does a union carry its burden of proof on the work preservation defense to a secondary boycott claim by citing its members' work for any employer in the region?

2. Does Congress' "hot cargo" prohibition in 29 U.S.C. § 158(e) apply to union signatory terms interpreted within private arbitration and then imposed on non-parties?

3. Did the courts below err by creating an effective longshore exception to the 8(b)(4) and 8(e) prohibitions when the statutory text exempts only garment and construction industries?

4. Did Congress exclude from the National Labor Relations Act's secondary boycott protections those employers who rent their business premises?

Question Presented (AI Summary)

Whether a union satisfies its burden of proof on the work preservation defense to a secondary boycott claim by citing its members' work for any employer in the region, and whether Congress' 'hot cargo' prohibition applies to union signatory terms interpreted in private arbitration and imposed on non-parties

Docket Entries

2026-02-27
Petition for a writ of certiorari filed. (Response due April 6, 2026)
2025-12-08
Application (25A668) granted by Justice Kagan extending the time to file until February 27, 2026.
2025-12-04
Application (25A668) to extend the time to file a petition for a writ of certiorari from December 29, 2025 to February 27, 2026, submitted to Justice Kagan.

Attorneys

Samson Tug and Barge Co., Inc.
Daniel Joseph SpurgeonDavis Grimm Payne and Marra, Petitioner