Schlecht v. Hiatt

6 Citing cases

  1. Bethlehem Mines v. United Mine Wkrs. of Amer

    494 F.2d 726 (3d Cir. 1974)   Cited 12 times
    Approving district court's fashioning a procedure to choose an umpire after the parties failed to agree on one

    They are not analogous to the situation in the instant case where the national agreement speaks in generalities of the district agreements and asserts its superiority in case of conflicts. 271 F. Supp. 644 (D.C.Or. 1967), rev'd on other grounds, 400 F.2d 875 (9th Cir. 1968). 333 F.2d 739 (9th Cir. 1964), aff'd on rehearing after remand, 359 F.2d 400 (9th Cir. 1966).

  2. Orange Belt Coun., Paint. v. Stubblefield

    437 F.2d 754 (9th Cir. 1971)   Cited 3 times

    It appears to be common practice in many industries for employers to bind themselves to yearly executed craft agreements, either because they are members of the multi-employer associations that sign the agreements or because the building trades agreements, which they themselves sign, clearly refer to the craft or standard agreements. See Schlecht v. Hiatt, 271 F. Supp. 644 (D.Or. 1967), rev'd, 400 F.2d 875 (9th Cir. 1968); Line Drivers Local No. 961, of Intern. Broth. of Teamsters, Chauffers, Warehousemen and Helpers of America v. W.J. Digby, Inc., 218 F. Supp. 519 (D.Colo. 1963), aff'd, 341 F.2d 1016 (10th Cir. 1965). It is not necessary that the craft agreement be labeled explicitly in order for it to be incorporated by reference into the building trades agreement. Calhoun v. Bernard, 359 F.2d 400 (9th Cir. 1966), aff'g after remand, 333 F.2d 739 (1964).

  3. Plumbers Loc. U.N. 519, Miami Fla. v. Serv. Plbg.

    401 F. Supp. 1008 (S.D. Fla. 1975)   Cited 11 times
    Holding provision valid

    Since the failure of the defendants to pay the required fringe benefit contributions could adversely affect an employee's pension rights and health insurance coverage, and since the amount of such damage is difficult to calculate, this provision is valid as a provision for liquidated damages due to the employees. Liquidated damages for employer breaches of the fringe benefit provisions of collective bargaining agreements have been allowed in Sherman v. Carter, 353 U.S. 210, 77 S.Ct. 793, 1 L.Ed.2d 776 (1957); Jensen v. Garvison, 274 F. Supp. 866 (D.Ore. 1967); and in Schlecht v. Hiatt, 271 F. Supp. 644 (D.Ore. 1967), rev'd on other grounds, 400 F.2d 875 (9th Cir. 1968). Similarly, the Court concludes that the waiting time provision freely entered into by Service is a valid liquidated damages provision, and applies to both Service and its alter ego AJA. Thus the Court is persuaded that the provision of the agreement which provides for waiting time pay is enforceable as and for the payment of liquidated damages and is not a penalty as the Court first surmised.

  4. Paul v. Lindgren

    375 F. Supp. 843 (N.D. Ill. 1974)   Cited 13 times
    Permitting suits by funds against employers without requiring the union to be joined

    The Memoranda of Agreement are themselves enforceable collective bargaining agreements. Schlecht v. Hiatt, 271 F. Supp. 644 (D.C.Or. 1967), reversed on other grounds, 400 F.2d 875 (9th Cir. 1968); Calhoun v. Bernard, 333 F.2d 739 (9th Cir. 1964); Bartenders v. Nationwide Downtowner Motor Inns, 229 F. Supp. 413 (W.D.Mo. 1964). The Seventh Circuit has held that Trustees of a Welfare and Retirement Fund are the real parties in interest in a suit to recover sums due to the fund by an employer.

  5. Riordan v. One Stop Food Liquor Store, Inc.

    372 F. Supp. 644 (N.D. Ill. 1974)   Cited 2 times

    Such a finding follows similar rulings by federal courts in other districts. See Trustees v. Woebsberger Roofing, Civ. No. 67-300, 66 LRRM 2047 (E.D.N.Y. 1967); Hann v. Korum, Civ. No. 65-114, 64 LRRM 2862 (D.C. Or. 1967); Hann v. Ben Harlow, Civ. No. 65-523, 65 LRRM 2012 (D.C.Or. 1967); Schlecht v. Hiatt, Civ. No. 65-377, 65 LRRM 2009 (D.C.Or. 1967). See also, Calhoun v. Bernard, 333 F.2d 739 (9th Cir. 1964), involving an action by Trustees of a Pension Fund, originally brought in Municipal Court of Los Angeles, which was removed to Federal District Court based on assertions of original jurisdiction pursuant to Section 301.

  6. Owen v. One Stop Food Liquor Store, Inc.

    359 F. Supp. 243 (N.D. Ill. 1973)   Cited 9 times

    1967); Hann v. Ben Harlow, Civ. No. 64-523, 65 LRRM 2012 (D.C.Oreg. 1967); Schlecht v. Hiatt, Civ. No. 65-377, 65 LRRM 2009 (D.C.Oreg. 1967). See also Cahoun v. Bernard, 333 F.2d 739 (9th Cir. 1964) (involving an action by Trustees of a Pension Fund originally brought in Municipal Court of Los Angeles which was removed to Federal District Court based on assertions of original jurisdiction pursuant to Section 301.