Published Decisions
Printer friendly versionCases in which clients were represented by the firm’s San Diego based attorneys include:
Ellis v. Railway Clerks 466 U.S. 435 (1984)
In a unanimous 9-0 decision, the United States Supreme Court held that labor unions must not charge employees dues for non-collective bargaining purposes.
Lundell v. Anchor Construction Specialists 223 F.3d 1035 (9th Cir. 2000)
In a case against a construction surety, the Ninth Circuit Court of Appeals agreed with the firm's interpretation of the standards for proof of a bankruptcy claim.
Associated General Contractors, San Diego Chapter, Inc., Apprenticeship and Training Trust Fund v. Smith 74 F.3 926 (9th Cir. 1996)
The Ninth Circuit Court of Appeals held in favor of San Diego AGC ruling that state apprenticeship rules were unenforceable because federal law prevailed.
Board of Trustees of Const. Laborers’ Pension Trust for Southern California v. M.M. Sundt Const. Co. 37 F.3 1419 (9th Cir. 1994)
The Ninth Circuit Court of Appeals agreed with our contractor/client by holding that pension fund withdrawal claims must be arbitrated, not brought in federal court by union pension funds.
Shelter Framing Corp. v. Pension Ben. Guar. Corp. 705 F.2d 1502 (9th Cir. 1983)
The Ninth Circuit Court of Appeals struck down a retroactive pension law that would have required the client to pay an enormous unfunded vested pension liability.
Fleming v. Carpenters/Constructors Cooperation Committee, Inc. 834 F.Supp. 323 (S.D.Cal. 1993)
The Court held public works investigators were required to be paid overtime compensation.
Locke v. Hamilton Digital Controls, Inc. 1993 WL 477022, 8 IER Cases 1198 (S.D.Cal. 1993)
The Court ruled that the employer client had good cause to terminate an under performing employee.
Higbee v. Sim J. Harris Co. 1989 WL 197165, 131 L.R.R.M. (BNA) (S.D.Cal. 1989)
The Court held that a union member employee could not sue a contractor for wrongful termination, but instead had to pursue his claim in arbitration.
Trustees of San Diego County Cement Masons’ Group Inc., Pension, Vacation, Apprenticeship, and Training Trusts and Industry Advancement Fund v. Blake Const. Co., Inc. 1988 WL 150439, 129 L.R.R.M. (BNA) 2175 (S.D.Cal. 1988)
The Court ruled that the client timely terminated a collective bargaining agreement and thereafter had no obligation to pay fringe benefit contributions for its employees.
Burdette v. Mepco/Electra, Inc. 673 F.Supp. 1012 (S.D.Cal. 1987)
The Court held that an economic downturn was good cause to terminate an employee.
Smith v. United Transp. Union Local No. 81 594 F.Supp. 96 (S.D.Cal. 1984)
The Court held that a union could not demand that the client be fired for refusing to pay union dues.
U.S. For Use and Benefit of Glynn v. Capelletti Bros., Inc. 448 F.Supp. 66 (S.D. Fla. 1978)
The Court ruled that employees of a contractor could not sue in federal court to recover prevailing wages on a federal project.
Wagner Construction Co. v. Pacific Mechanical Corp. (2007) 41 Cal.4th 19
The California Supreme Court agreed with the firm's argument that an arbitrator, not court, decides a statute of limitations defense, after the firm’s lawyers created a new legal argument to resurrect the client's aged claims.
Anserv Insurance Services, Inc. v. Albrecht 960 P.2d 1159 (1998)
In a dispute between an insurer and a managing general agent, the Arizona Supreme Court agreed with the firm's interpretation of the procedural rules for pleading a complaint.
Retirement Group v. Galante et al. (2009) 176 Cal.App.4th 1225
The Court struck down a preliminary injunction that prohibited a group of investment advisors from soliciting their former provider's clients.
Ruiz v. SYSCO Food Services (2004) 122 Cal.App.4th 520
The Court held that an employee could not sue in state court for defamation, but instead had to take these claims to arbitration.
San Diego Unified Port District v. Douglas E. Barnhart, Inc. (2002) 95 Cal.App.4th 1400
In a construction case, the Fourth District Court of Appeal held that the firm's client could not be forced to pay for destructive testing requested by others.
Primo Team, Inc. v. Blake Construction Co., Inc. (1992) 3 Cal.App.4th 801
The Court held that an employee leasing company had no mechanic’s lien rights for unpaid labor charges on property owned by client’s customer.
Southwest Regional Council of Carpenters (Standard Drywall, Inc.) 346 NLRB No. 48 (Jan. 31, 2006)
The firm successfully defended the client’s right to assign plastering work to employees represented by the Carpenters union instead of to employees represented by the Plasterers union. The Plasterers union’s state court lawsuit was deemed to be a claim to the plastering work.
Taylor Frager (N.L.R.B.G.C., No. 21-CA-35568) 2003 WL 22927217 (August 28, 2003)
The firm successfully defended a general contractor’s right to prevent illegal trespassing by union business agents on a private construction job in San Diego. The union filed unfair labor practice charges against the firm's client when its union business agents were denied access to a jobsite and then locked in the jobsite fence to await police assistance. The Office of General Counsel of the National Labor Relations Board agreed the charges should be dismissed because the business agents did not have the right to access the interior of the construction jobsite, especially given the posted no-access and no-solicitation rules.
In re: Local Union No. 1827, United Brotherhood of Carpenters and Joiners of America 2003 WL 21206515, NLRB Div. of Judges, May 9, 2003
In the first decision ever rendered on the issue, a National Labor Relations Board judge ruled in favor of the firm’s client, San Diego AGC, holding that 20 foot by 4 foot banners displayed by the Carpenters Union in front of various business premises constituted an unlawful secondary boycott.
In Re: R.J. Lanthier Co., Inc. 2001 WL 902118 (A.S.B.C.A.), 01-2 BCA P 31,555, ASBCA No. 50,471, A.S.B.C.A., Aug. 2, 2001, (No. N62474-94-7380)
The appeal judge agreed with the firm’s interpretation of Government Contract terms regarding full time quality control inspection.
Carpenters Local 209, United Broth. of Carpenters and Joiners of America, AFL-CIO and C.E. Wylie Const. Co. 307 NLRB 1098 (1991)
The National Labor Relations Board held that the union violated the law when it fined a supervisor because he was working for a non-signatory company.
Operating Engineers Local 12 (Hensel Phelps) 284 NLRB 246 (1987)
The National Labor Relations Board ruled that the union committed a secondary boycott when it posted a union business agent at a reserved gate on the project.
Plasters Local 346 (A.G. Brawner Plastering) 273 N.L.R.B. 1143 (1986)
The National Labor Relations Board held that the client gave timely notice to terminate a collective bargaining agreement and that it did not bargain in bad faith with a union.