Legal Opinion

Building Materials and Construction Teamsters Local No. 216, Plaintiff v. Granite Rock Company, a Corporation

Court of Appeals for the Ninth Circuit

Decided July 11, 1988No. 87-1959PublishedCited by 19 opinions

1Opinion of the Court

WALLACE, Circuit Judge:

Granite Rock Company (Granite Rock) appeals the district court’s order granting summary judgment in favor of Building Materials and Construction Teamsters Local No. 216 (union). The district court’s order requires the parties to arbitrate the question whether Granite Rock violated an implied covenant in the multi-union, multi- employer bargaining agreement (agreement) to which it is a party. Granite Rock challenges the district court’s determination of arbitrability on three grounds: (1) the union’s grievance is not arbitrable because the union failed to demonstrate…

2Cases cited13 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. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  4. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  5. David D. Darring v. Larry Kincheloe, Superintendent of the Washington State PenitentiaryCourt of Appeals for the Ninth Circuit · 1986

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3Cited by19 opinions

  1. Eichleay Corp. v. International Ass'n of Bridge, Structural & Ornamental Iron WorkersCourt of Appeals for the Third Circuit · 1991
  2. Westinghouse Hanford Company v. Hanford Atomic Metal Trades CouncilCourt of Appeals for the Ninth Circuit · 1991
  3. Lexington Marketing Group, Inc. v. Goldbelt Eagle, LLCAlaska Supreme Court · 2007
  4. Eichleay Corporation v. International Association of Bridge, Structural and Ornamental Iron Workers United Brotherhood of Carpenters and Joiners of America Laborers International Union of North America Operative Plasterers and Cement Masons International Association of the United States and Canada International Union of Operating Engineers and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers. (Two Cases) Carpenters Health and Welfare Trust Fund for California Carpenters Pension Trust Fund for Northern California Carpenters Vacation and Holiday Trust Fund for Northern California Carpenters Apprenticeship and Training Trust Fund for Northern California and Carpenters Annuity Trust Fund for Northern California v. Eichleay Corporation, Eci, Inc., D/B/A Eichleay Constructors, Inc. Eichleay Holdings, Inc. Amk International. California Iron Workers Field Welfare Plan California Iron Workers Field Pension Trust Fund California Field Iron Workers Vacation Trust Fund California Field Iron Workers Apprenticeship Training and Journeyman Retraining Trust Fund California and Vicinity Field Iron Workers Annuity Trust Fund California Field Iron Workers Administrative Trust Fund v. Eichleay Corporation, Eci, Inc., D/B/A Eichleay Constructors, Inc. Eichleay Holdings, Inc. Amk International. Operating Engineers Health and Welfare Trust Fund Pension Trust Fund for Operating Engineers Pensioned Operating Engineers Health and Welfare Fund Operating Engineers & Participating Employers Pre-Apprenticeship Apprentice & Journeyman Affirmative Action Training Fund Operating Engineers Vacation & Holiday Plan Operating Engineers Contract Administration Trust Fund Operating Engineers Market Preservation Trust Fund Operating Engineers Industry Stabilization Trust Fund v. Eichleay Corporation, Eci, Inc., D/B/A Eichleay Constructors, Inc. Eichleay Holdings, Inc. Amk International. Cement Masons Health and Welfare Trust Fund for Northern California Cement Masons Pension Trust Fund for Northern California Cement Masons Vacation Trust Fund for Northern California Cement Masons Apprenticeship and Training Trust Fund for Northern California v. Eichleay Corporation, Eci, Inc., D/B/A Eichleay Constructors, Inc. Eichleay Holdings, Inc. Amk International. Laborers Health and Welfare Trust Fund for Northern California Laborers Vacation-Holiday Trust Fund for Northern California Laborers Pension Trust Fund for Northern California Laborers Training and Retraining Trust Fund for Northern California v. Eichleay Corporation, Eci, Inc., D/B/A Eichleay Constructors, Inc. Eichleay Holdings, Inc. Amk International. International Association of Bridge, Structural and Ornamental Iron Workers United Brotherhood of Carpenters and Joiners of America Laborers' International Union of North America Operative Plasters' and Cement Masons' International Association of the United States and Canada International Union of Operating Engineers International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers Carpenters Health and Welfare Trust Fund for California Carpenters Pension Trust Fund for Northern California Carpenters Vacation and Holiday Trust Fund for Northern California Carpenters Apprenticeship and Training Trust Fund for Northern California Carpenters Annuity Trust Fund for Northern California California Iron Workers Field Welfare Plan California Iron Workers Field Pension Trust Fund California Field Iron Workers Vacation Trust Fund California Field Iron Workers Apprenticeship Training and Journeyman Retraining Trust Fund California and Vicinity Field Iron Workers Annuity Trust Fund California Field Iron Workers Administrative Trust Fund Operating Engineers Health Welfare Trust Fund Pension Trust for Operating Engineers Pensioned Operating Engineers Health and Welfare Fund Operating Engineers & Participating Employers Pre-Apprenticeship, Apprentice & Journeyman Affirmative Action Training Fund Operating Engineers Vacation & Holiday Plan Operating Engineers Contract Administration Trust Fund Operating Engineers Market Preservation Trust Fund Operating Engineers Industry Stabilization Trust Fund Cement Masons Health and Welfare Trust Fund for Northern California Cement Masons Pension Trust Fund for Northern California Cement Masons Vacation Trust Fund for Northern California Cement Masons Apprenticeship and Training Trust Fund for Northern California Laborers Health and Welfare Trust Fund for Northern California Laborers Vacation-Holiday Trust Fund for Northern California Laborers Pension Trust Fund for Northern California Laborers Training and Retraining Trust Fund for Northern California, Eichleay Corporation v. Sheet Metal Workers International Association Sheet Metal Workers International Association and Local 104 of the Sheet Metal Workers' International Association, International Brotherhood of Electrical Workers, Afl-Cio Local 302 of the International Brotherhood of Electrical Workers, Afl-Cio United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Afl-Cio Steamfitters Local 342 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Afl-Cio v. Eichleay Corporation, A/K/A Eichleay Constructors, Inc., And/or Eci, And/or Amk InternationalCourt of Appeals for the Third Circuit · 1991
  5. Casino Pauma v. NLRBCourt of Appeals for the Ninth Circuit · 2018

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