Legal Opinion · Dissent
General Teamsters, Auto Truck Drivers & Helpers Local 162 v. Mitchell Bros. Truck Lines
Court of Appeals for the Ninth Circuit
Decided May 17, 1982No. Nos. 80-3247, 80-3258Published
1DissentFletcher, Circuit Judge
I dissent. The majority opinion makes two errors. It denies appellees review of the arbitrator’s decision on questions of federal labor law, and it denies review of the arbitrator’s decision to a person who may or may not have been a party to the arbitration.
A. Questions of Federal Law
The arbitrator decided that, under the collective bargaining agreement, certain individuals were “employees” for purposes of that agreement. Appellees here argue that enforcement of the arbitrator’s decision would violate federal labor law, specifically 29 U.S.C. §§ 157, 158, and 186(c)(5). The resolution of…
2Cases cited4 opinions
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
- Joint Council of Teamsters No. 42 v. Associated General Contractors of California, Inc.District Court, C.D. California · 1980
- Joint Council of Teamsters, No. 42 v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1981