United States Ninth Circuit

In a labor dispute alleging violations of the Labor Management Relations Act and the National Labor Relations Act, the District Court's dismissal for lack of statutory standing of an employer's action, is reversed where: 1) even though employer did not exhaust a petition to vacate the arbitration award under section 301 of the Act, nothing in section 303 precluded the employer's action for damages; 2) the employer sufficiently alleged it had suffered damages by reason of the union's alleged unfair labor practices; and 3) the employer sufficiently satisfied statutory requirements for standing under section 303.

Appellate Information

• Decided 07/12/2013
• Published 07/12/2013

Judges

• Tallman

Court

• United States Ninth Circuit

Counsel