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LOCAL UNION NO. 2812 v. MISSOULA WHITE PINE SASH

No. 83-3776.

734 F.2d 1384 (1984)

LOCAL UNION NO. 2812, LUMBER PRODUCTION AND INDUSTRIAL WORKERS, Plaintiff-Appellant, v. MISSOULA WHITE PINE SASH COMPANY, a Montana corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1984.

Attorney(s) appearing for the Case

Harland Bernstein, Bernard Jolles, Jolles, Sokol & Bernstein, P.C., Portland, Or., for plaintiff-appellant.

Sherman V. Lohn, Garlingon, Lohn & Robinson, Missoula, Mont., for defendant-appellee.

Before ANDERSON, FLETCHER, and FARRIS, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Missoula White Pine Sash Co. (White Pine) discharged its fourteen most junior employees out of the 94 it had laid off, stating, "[W]e can see no reasonable expectations of being able to recall all our employees who are currently laid off due to the depressed economy." Local Union No. 2812, Lumber Production and Industrial Workers (Union) appeals the district court's judgment that the terminations were not a breach of the collective...

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