Legal Opinion

Ion Construction Co. v. District Council of Painters No. 16

Court of Appeals for the Ninth Circuit

Decided October 31, 1986No. 84-2584PublishedCited by 4 opinions

1Per curiam

This is an action arising under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185. On cross motions for summary judgment, the district court found Ion Construction had effectively repudiated its prehire agreement with the union and vacated an arbitration award in the union’s favor. The union now seeks to have the award reinstated, contending the repudiation issue is for the arbitrator, not the district court, to decide.

We find the repudiation issue was properly decided by the district court and AFFIRM the lower court’s decision.

FACTUAL BACKGROUND

In April 1982, Ion…

2Cases cited2 opinions

  1. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  2. Ion Construction v. District Council of Painters No. 16District Court, N.D. California · 1984

3Cited by4 opinions

  1. Brotherhood of Teamsters and Auto Truck Drivers Local 70 v. Interstate Distributor CompanyCourt of Appeals for the Ninth Circuit · 1987
  2. Mesa Verde Construction Co. v. Northern California District Council of LaborersCourt of Appeals for the Ninth Circuit · 1987
  3. Ion Construction Company v. District Council Of Painters No. 16Court of Appeals for the Ninth Circuit · 1986
  4. Mesa Verde Construction Co. v. Northern California District Council of Laborers, Mesa Verde Construction Company v. Carpenters 46 Northern California Counties Conference Board, DefendantCourt of Appeals for the Ninth Circuit · 1987

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