Legal Opinion

Donn L. Beriault v. Local 40, Super Cargoes & Checkers of the International Longshoremen's& Warehousemen's Union

Court of Appeals for the Ninth Circuit

Decided July 25, 1974No. 72-2118PublishedCited by 81 opinions

1Opinion of the Court

OPINION

Before HAMLEY, WRIGHT and KILKENNY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This is a a labor dispute in which plaintiffs appeal from the dismissal of their action for declaratory, injunctive and monetary relief against defendants for breach of the union’s duty of fair representation and breach of a collective bargaining agreement. 1 Jurisdiction is based on § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, and the Declaratory Judgments Act, 28 U.S.C. § 2201. We affirm in •part, reverse in part, and remand.

Plaintiffs are “casual checkers” who are non-union…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Vaca v. SipesSupreme Court of the United States · 1967
  3. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  4. Republic Steel Corp. v. MaddoxSupreme Court of the United States · 1965
  5. Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944

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3Cited by81 opinions

  1. Breininger v. Sheet Metal Workers International Ass'n Local Union No. 6Supreme Court of the United States · 1989
  2. Eugene Joseph White, Cross-Appellee v. Anchor Motor Freight, Inc. And Local 580, International Brotherhood of Teamsters, Cross-AppellantsCourt of Appeals for the Sixth Circuit · 1990
  3. George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354Court of Appeals for the Ninth Circuit · 1984
  4. Lillian Yanks Rehmar v. Bernard L. SmithCourt of Appeals for the Ninth Circuit · 1977
  5. Acri v. International Ass'n of Machinists & Aerospace WorkersCourt of Appeals for the Ninth Circuit · 1986

76 more not listed; retrieve them via the Exa API.

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