International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local No. 839 v. Morrison-Knudsen Co.

Good Law
270 F.2d 530·44 L.R.R.M. (BNA) 2572
United States Court of Appeals for the Ninth CircuitJuly 27, 1959No. 16102California4,132 words

Opinion

Lead Opinion

Hamlin, J.

Morrison-Knudsen Co., Inc., hereinafter Appellee, obtained a judgment against International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 839, and International Union of Operating Engineers, Local No. 370, hereinafter Appellants, for damages for a breach of contract in the sum of $147,284.41.

The action was brought under § 301 of the Labor Management Relations Act of 1947 ( 29 U.S.C.A. § 185 ), 1 and was tried in the United States District Court for the Eastern District of Washington, without a jury. Jurisdiction in this court is under 28 U.S.C.A. § 1291 .

Appellee is a contracting firm and entered into a contract with the United States Atomic Energy Commission for the construction of certain facilities at the Hanford Atomic Products operation. Performance under the contract began on November 28, 1955. In performing this work appellee employed members of the two appellant unions.

The amended complaint alleged' that appellee was a member of Associated General Contractors of America, Inc., Spokane Chapter (hereinafter AGCA) and that as a member appellee assigned and delegated to AGCA its bargaining rights covering all of appellant’s unions…

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