Federal Maritime Commission v. Pacific Maritime Assn

PETITIONER:Federal Maritime Commission
RESPONDENT:Pacific Maritime Assn
LOCATION:First Division Circuit Court, Pulaski County

DOCKET NO.: 76-938
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the District of Columbia Circuit

CITATION: 435 US 40 (1978)
ARGUED: Dec 07, 1977
DECIDED: Mar 01, 1978

ADVOCATES:
Daniel M. Friedman – for petitioners
Norman Leonard
R. Frederic Fisher – for respondent Pacific Maritime Association

Facts of the case

Question

Media for Federal Maritime Commission v. Pacific Maritime Assn

Audio Transcription for Oral Argument – December 07, 1977 in Federal Maritime Commission v. Pacific Maritime Assn

Audio Transcription for Opinion Announcement – March 01, 1978 in Federal Maritime Commission v. Pacific Maritime Assn

Warren E. Burger:

The judgment and opinion of the Court in 76-938, The Federal Maritime Commission against the Pacific Maritime Association will be announced by Mr. Justice White.

Byron R. White:

Section 15 of the Shipping Act requires that there be filed with the Federal Maritime Commission, all agreements between carriers that regulate, destroy or prevent competition.

The Court of Appeals for the District of Columbia Circuit held here that no collective bargaining agreement, regardless of its impact between a multi-employer bargaining unit and a union need be filed under Section 15 and in any event (Inaudible) holds that a particular agreement in this case need not be filed.

We reverse the Court of Appeals and disagree on both the counts and we have filed an opinion explaining why.

Mr. Justice Powell has filed a dissenting opinion and he is joined by Justices Brennan and Marshall.

Mr. Justice Blackmun took no part in the consideration or decision of the case.

Warren E. Burger:

Thank you, Mr. Justice White.