U.S. Court of Appeals for the Ninth Circuit, 1958

Plumbing & Pipe Fitting Labor-Management Relations Trust v. Conditioned Air & Refrigeration Co., a Corporation

U.S. Court of Appeals for the Ninth Circuit · Decided February 3, 1958 · Lemmon, Chambers, Barnes

253 F.2d 427; 41 L.R.R.M. (BNA) 2554; 1958 U.S. App. LEXIS 4995 (Federal Reporter, Second Series)

Counsel

P. H. McCarthy, Jr., San Francisco, Cal., for appellant., Roth & Bahrs, San Francisco, Cal., Paul K. Doty, Fresno, Cal., Robert J. Scolnick, San Francisco, Cal., for ap-pellee.

Cases that cite this one

4 later published cases cite this decision.

National Labor Relations Board v. Brotherhood of Painters, Decorators, and Paperhangers of America, Glaziers Local Union No. 1385, Afl-Cio (7th Cir. 1964)
Plumbers & Steamfitters Local 598 v. Morris (District Court, E.D. Washington 1981)
Shapiro v. Rosenbaum (District Court, S.D. New York 1959)
South Louisiana Chapter, Inc. v. Local Union No. 130 of the International Brotherhood of Electrical Workers (United States District Court Eastern District of Louisiana 1959)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The district court has determined that payments made by the plaintiffs-appel-lees for the support of the Plumbing arid Pipe Fitting Labor-Management Relations Trust are in violation of Section 302(b) of the Labor Management Relations Act of 1947. See 29 U.S.C.A. § 186(b). Further payments have been enjoined.

For a statement of the case reference is made to the district court’s decision: Conditioned Air & Refrigeration Co. v. Plumbing & Pipefitting Labor-Management Relations Trust, 159 F.Supp. 887.

In the time intervening before argument in this case, this Court’s decision came down September 16, 1957, in Sheet Metal Contractors Association of San Francisco v. Sheet Metal Workers International Association, 9 Cir., 248 F.2d 307. Rehearing therein was denied on November 5, 1957. Certiorari thereon was denied on January 13, 1958. Sheet Metal Workers International Association v. Sheet Metal Contractors Association, 78 S.Ct. 367.

We are unable to find any distinguishing facts in the Plumbing Trust which should produce a different result than was reached in the Sheet Metal Trust. The Sheet Metal case, as this one, was capably presented. We adhere to the decision of the division which heard the Sheet Metal case.

Therefore, judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.