Legal Opinion

Southern California District Council of Laborers v. Berry Construction Inc.

Court of Appeals for the Ninth Circuit

Decided January 28, 1993No. Nos. 91-55849, 91-56316, 91-56317PublishedCited by 1 opinion

1Opinion of the Court

D.W. NELSON, Circuit Judge:

Appellants Berry Construction, Inc. (“Berry”), Southern California Pipe Trades District Council 16 (“Pipe Trades”), and L & M Plumbing, Inc. (“L & M”) appeal the district court’s order granting summary judgment in favor of Southern California District Council of Laborers (“Laborers”) and ordering Berry to proceed with arbitration of a grievance arising under a collective bargaining agreement. Appellants assert that the grievance is a jurisdictional dispute which is excluded from arbitration, while the Laborers contend that it is an arbitrable subcontracting dispute.…

2Cases cited9 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  3. Federal Deposit Insurance Corporation, As Receiver v. O'melveny & MeyersCourt of Appeals for the Ninth Circuit · 1992
  4. National Labor Relations Board v. Radio & Television Broadcast Engineers Union, Local 1212Supreme Court of the United States · 1961
  5. Republic of Nicaragua, a Foreign Sovereign v. Standard Fruit Company, Standard Fruit and Steamship Company, and Castle & Cooke, Inc.Court of Appeals for the Ninth Circuit · 1991

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3Cited by1 opinion

  1. Southern California District Council of Laborers, Plaintiff-Defendant in Intervention-Appellee v. Berry Construction, Inc., and L & M Plumbing, Inc., in Intervention-Appellant. Southern California District Council of Laborers, Plaintiff-Defendant-Intervenor-Appellee v. Berry Construction, Inc. v. L & M Plumbing, Inc., Plaintiff-Intervenor-Appellant, and Southern California Pipe Trades District Council No. 16, Plaintiff-Intervenor. Southern California District Council of Laborers, Plaintiff-Defendant-Intervenor-Appellee, Berry Construction, Inc., L & M Plumbing, Inc., Plaintiff-Intervenor v. Southern California Pipe Trades District Council No. 16, Plaintiff-Intervenor-AppellantCourt of Appeals for the Ninth Circuit · 1993

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