John R. Carter, D/B/A Bay City Foundry Co. v. Cmta-Molders & Allied Health and Welfare Trust, Etc.

John R. Carter, the sole proprietor of Bay City Foundry Company, appeals the summary judgment entered in favor of the defendants, employee health and welfare and pension trust funds. Carter argues that the contributions he made to the funds for a five and-a-half-year period during which he had not signed a collective bargaining or trust agreement should be refunded to him because (1) the contributions were “illegal” under section 302 of the Labor Management Relations Act, 29 U.S.C. § 186 , and should not be retained by the trust funds, and (2) he is entitled to restitution. Carter’s arguments are rejected and the district court’s judgment is affirmed, albeit on other grounds.

The district court’s summary of the facts is not disputed by the parties, and can be found at 489 F.Supp. 704 (N.D.Cal.1980) (Carter I) and 563 F.Supp. 244 (N.D.Cal.1983) (Carter II). Only a summary of the history of this litigation will be given, and relevant facts will be stated in the course of discussion.

In its first decision the district court entered summary judgment for the trusts, finding that Carter had impliedly assumed the terms of his predecessor’s collective bargaining and contribution or…

concurring:

I concur only in the majority’s result of affirming the district court. I believe the majority has improperly analyzed the problem and come to the wrong conclusion about the legality of Carter’s payments to the trust. Although the issue is not free from doubt, the approach and reasoning in the district court’s opinion in Carter II is, to me, more persuasive. See Carter v. CMTA-Molders & Allied Workers Health & Welfare Trust, 563 F.Supp. 244 (N.D.Cal.1983). Therefore, I would affirm essentially for the reasons stated by the district judge.

736 F.2d 1310 116 L.R.R.M. (BNA) 3312 , 101 Lab.Cas. P 11,142 John R. CARTER, d/b/a Bay City Foundry Co., Plaintiff-Appellant, v. CMTA-MOLDERS & ALLIED HEALTH AND WELFARE TRUST, etc., et al., Defendants-Appellees. No. 83-2104. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1984. Decided July 3, 1984. Henry D. Lederman, Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for plaintiff-appellant. Douglas M. Moore, Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before WALLACE, FLETCHER and FERGUSON, Circuit Judges. FERGUSON, Circuit Judge: 1 John R. Carter, the sole proprietor of Bay City Foundry Company, appeals the summary judgment entered in favor of the defendants, employee health and welfare and pension trust funds. Carter argues that the contributions he made to the funds for a five and-a-half-year period during which he had not signed a collective bargaining or trust agreement should be refunded to him because (1) the contributions were "illegal" under section 302 of the Labor Management Relations Act, 29 U.S.C.…