Orange Belt District Council of Painters No. 48, Etc. v. W. E. Stubblefield & Sons, a Corporation

Good Law
437 F.2d 754·76 L.R.R.M. (BNA) 2742·1971 U.S. App. LEXIS 12160
United States Court of Appeals for the Ninth CircuitJanuary 28, 197123968California735 words

Opinion

Opinion

Ely, J.

The appellee (Stubblefield) is an employer whose building and construction activities affect interstate commerce. On June 19, 1959, it entered into a collective bargaining agreement with the Building and Construction Trades Council of San Bernardino and Riverside Counties, California. The purpose of this Building Trades Agreement was to preserve work opportunities and to maintain standards of wages and working conditions in the construction and building industry for the unions affiliated with the Trades Council. The appellant union was a member of this Council and was signatory to a Standard Master Collective Bargaining Agreement (Standard Agreement) covering the employment of painters. Stubblefield was not a member of the employers’ association that executed the Standard Agreement with the union. While Stubble-field has, since 1963, employed painters, it has declined to sign the Standard Agreement. Although it tendered welfare and health benefits to the union, it sought to negotiate on several other non-mandatory provisions of the agreement. The union, refusing to bargain or to accept the tendered health and welfare payments, sought declaratory relief, in-junctive enforcement of…

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