United States Ninth Circuit

The district court erred as a matter of law in dismissing plaintiff's case on the ground that 29 U.S.C. section 158(f) does not permit parties to adopt a labor agreement by conduct. Triable issues of fact exist as to whether defendant adopted the 2000-2003 Joint Agreement and assented to the February 13 Memorandum of Understanding; thus, summary judgment for defendant is reversed.

Appellate Information

• Argued 02/06/2003
• Decided 02/25/2004
• Published 02/25/2004

Judges

• PREGERSON, Circuit Judge:, Before:  PREGERSON, REINHARDT, and ARCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Anthony R. Segall (argued) and Ricardo Ochoa (briefed), Rothner, Segall & Greenstone, Pasadena, CA, for the plaintiff-appellant.


• For Appellees:
  
• Ronald W. Novotny, Hill, Farrer & Burrill, Los Angeles, CA, for the defendant-appellee.