Rainbow Tours, Inc. v. Hawaii Joint Council Of Teamsters

704 F.2d 1443 113 L.R.R.M. (BNA) 2383 , 97 Lab.Cas. P 10,096 RAINBOW TOURS, INC., dba Rainbow Coaches, Plaintiff-Appellee, v. HAWAII JOINT COUNCIL OF TEAMSTERS, Hawaii Teamsters & Allied Workers Union, Local 996, * IBT, a labor organization, Defendants-Appellants. No. 81-4414. United States Court of Appeals, Ninth Circuit. Submitted Aug. 9, 1982. Decided May 3, 1983. Jared Jossem, Jeffrey S. Harris, Honolulu, Hawaii, for plaintiff-appellee. John R. Desha, II, Honolulu, Hawaii, for defendants-appellants. Appeal from the United States District Court for the District of Hawaii. Before KASHIWA, ** ANDERSON, and FERGUSON, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: 1 Rainbow Tours ("Rainbow") brought an action for damages against the Hawaii Joint Council of Teamsters and its Local 996 (the "Union"). After a bench trial, District Judge Heen awarded Rainbow $13,800.21 in damages and $1,591.96 in attorney's fees. We reverse and remand. I. FACTS 2 Rainbow is and was a tour bus company based in Honolulu. It provides ground transportation services to various tourist agencies in the Honolulu area. In 1976, Steven Kolt became a part owner and president of the company and adopted its…