Erin Fulton v. Plumbers and Steamfitters, John Osborn v. Plumbers and Steamfitters

Good Law
695 F.2d 402·112 L.R.R.M. (BNA) 2583·1982 U.S. App. LEXIS 23012
United States Court of Appeals for the Ninth CircuitDecember 28, 198281-3405California3,969 words

Opinion

Opinion

Tang, J.

This appeal is from a district court dismissal of complaints filed by appellants in these consolidated actions for damages pursuant to section 303 of the Labor Management Relations Act, 29 U.S.C. § 187 (1976). The district court dismissed the complaints, holding that appellants lacked standing under section 303 to maintain the suit. We affirm.

I. Background

Appellants are employees of Guy F. Atkinson Company and Wright-SchuchartHarbor, a joint venture engaged in various construction projects for the Washington Public Power Supply System on the Han-ford Nuclear Reservation in Washington. Most of the appellants are carpenters who are members of the United Brotherhood of Carpenters and Joiners (hereinafter “Carpenter’s Union”). The other appellants belong to other craft unions, including the Ironworkers, Laborers, Teamsters, and Operating Engineers.

Appellees are Plumbers and Steamfitters Union, Local No. 598, its business agent Ray McKnight, and the International Brotherhood of Electrical Workers, Local No. 112. The two appellee unions represent pipefitters and electricians employed at the Hanford construction site. None of the appellants are members of the appellee unions.

A…

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