Bay Area Typographical Union, Union No. 21 Sharmaine Dyson and Dale Spencer v. Alameda Newspapers, Inc., D/B/A the Daily Review

Good Law
900 F.2d 197·1990 WL 39494·134 L.R.R.M. (BNA) 2104·1990 U.S. App. LEXIS 5184
United States Court of Appeals for the Ninth CircuitApril 10, 199089-15140California1,905 words

Opinion

Opinion

Fernandez, J.

Bay Area Typographical Union No. 21 (the Union), Sharmaine Dyson, and Dale Spencer (collectively appellants) brought this action to enforce a purported contract between the Union and Alameda Newspapers, Inc. (Alameda). Appellants claimed that there was an agreement under which Dyson and Spencer kept their seniority and other rights, even though they had been on extended leaves of absence. The district court, after a bench trial, found that there was no such agreement and granted judgment in favor of Alameda. We affirm.

BACKGROUND FACTS

For some years prior to July of 1985, Sparks Printing Co. (Sparks) was the publisher of “The Daily Review,” a newspaper. Dyson and Spencer were employed in the composing room of the newspaper, and were represented by the Union, which had a collective bargaining agreement with Sparks. That agreement, among other things, provided for the payment of disability benefits, established employees’ seniority rights, and guaranteed a lifetime job for certain long-term employees. The latter was accomplished by way of a no layoff list. Spencer was a long-term employee, Dyson was not.

On March 19, 1985, Spencer took a disability leave. Dyson took disability…

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