Swanson-Dean Corporation v. Seattle District Council of Carpenters, Seattle District Council of Carpenters v. Swanson-Dean Corporation

Swanson-Dean, a construction contractor, appeals from two orders which had the result of validating a challenged subcontracting clause in a collective bargaining agreement. We affirm.

In 77-3891, the district court granted the carpenter union’s motion for summary judgment. This order dismissed Swanson-Dean’s action to enjoin arbitration.

In 77-3892, the district court also granted the carpenter union’s motion for summary judgment in the union’s action for enforcement of the arbitrator’s award. The award required Swanson-Dean to pay trust fund contributions for work subcontracted in violation of the subcontracting clause and enjoined Swanson-Dean from future violations of the subcontracting clause.

On April 9, 1980, we heard argument in this case but deferred submission pending an expected en banc decision in a number of consolidated appeals. Those cases were decided by this court en banc on April 17, 1981. The decision disposes of the major issues in the present case. Pacific Northwest Chapter, etc., et al. v. N.L.R.B., Nos. 78-3468, 78-3469, 78-3487, 78-3619, 79-7011 (9th Cir. April 17, 1981).

Because we have now held that collective bargaining agreements in the construction…