International Union of Bricklayers & Allied Craftsman Local Union No. 20 v. Martin Jaska, Inc.

Good Law
752 F.2d 1401·118 L.R.R.M. (BNA) 2890
United States Court of Appeals for the Ninth CircuitJanuary 30, 1985No. 84-5634California2,581 words

Opinion

lead Opinion

MacBride, J.

The International Union of Bricklayers and affiliated benefit trust funds (“Bricklayers”) sued appellee Martin Jaska, Inc. (“Jaska”), a construction general contractor, for damages caused by Jaska’s breach of collective bargaining agreements it had with two other unions. Bricklayers theorized that it was the intended third-party beneficiary of those agreements.

Upon cross-motions for summary judgment, the trial court entered judgment for defendant Jaska. We affirm and impose sanctions on appellants for bringing this frivolous appeal.

FACTUAL AND PROCEDURAL BACKGROUND

The appellee, Martin Jaska, Inc., is a medium-sized general contractor in construction. Appellants are the International Union of Bricklayers & Allied Craftsman Local Union No. 20, AFL-CIO, Brick and Tile Health and Welfare Trust, Brick and Tile Pension Trust, and Brick and Tile Vacation Trust (collectively “Bricklayers”). The Bricklayers Union represents all unionized bricklaying and tile-setting workers in the geographical area in which Jaska operated. The Trust Funds benefit from contributions made by employers who engage workers represented by the Bricklayers Union.

Jaska was bound to follow the terms of two…

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