Narrative Opinion Summary
The case involves an appeal by Howard S. Wright Construction Company (Wright) against the dismissal of its action against the Laborer’s International Union of North America, Local Union No. 169 (Union). The central issue revolves around Wright's attempt to repudiate a Section 8(f) prehire agreement, which was deemed invalid by the district court. The appellate court, upon a de novo review, upheld this decision, referencing the precedent established in Laborers Health and Welfare for Northern California v. Westlake Development, which prohibits employers from repudiating such agreements midterm. Wright's argument for the 'single employee exception' was rejected since it employed two laborers, thus failing to meet the criteria for this exception. Additionally, the Union's attempt to assert rights related to the trial court’s order on arbitration was dismissed due to its failure to appeal the relevant decisions. Consequently, the appellate court affirmed the district court's dismissal of Wright's action. The decision is unpublished and non-precedential, except as provided for in 9th Cir. R. 36-3.
Legal Issues Addressed
Appeal and Challenge of Judgmentsubscribe to see similar legal issues
Application: The Union's failure to appeal the trial court’s order or the final judgment precluded it from challenging the judgment to expand its rights.
Reasoning: The Union's assertion regarding the trial court’s order denying confirmation and vacating the arbitration award is dismissed since the Union failed to appeal this order or the final judgment, making it ineligible to challenge the judgment to expand its rights.
Repudiation of Section 8(f) Prehire Agreementssubscribe to see similar legal issues
Application: The appellate court held that Wright's attempt to repudiate a Section 8(f) prehire agreement was invalid because employers cannot unilaterally repudiate such agreements midterm.
Reasoning: The appellate court affirms the district court's decision, holding that Wright’s repudiation of a Section 8(f) prehire agreement was invalid.
Single Employee Exceptionsubscribe to see similar legal issues
Application: The court found that Wright could not invoke the 'single employee exception' to repudiate the agreement because it employed more than one laborer during the contract period.
Reasoning: Wright does not qualify for the 'single employee exception' to this rule as it employed two laborers during the contract period, contradicting the requirement that an employer must be a 'one-employee employer' to claim this exception.