CAPPA v. WISEMAN

No. 79-4237.

659 F.2d 957 (1981)

Michael D. CAPPA, Plaintiff-Appellant, v. Phillip WISEMAN, individually and dba Denticator, Denticator Co., Inc. a corporation, and Warehouse Union Local 860, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1981.

Rehearing and Rehearing Denied December 30, 1981.


Attorney(s) appearing for the Case

Francis J. McTernan, Garry, Dreyfus, McTernan, Brotsky, Herndon & Pesonen, San Francisco, Cal., for plaintiff-appellant.

Robert C. Nicholas, Haas & Najarian and Beeson, Tayer & Kovach, San Francisco, Cal., on brief for defendants-appellees.

A. Roger Jeanson, San Francisco, Cal. (argued), for Wiseman, et al.

Patrick J. Szymanski, San Francisco, Cal. (argued), for Teamsters.

Before TANG and FLETCHER, Circuit Judges, and KING, District Judge.


SAMUEL P. KING, District Judge:

The issue before this court is whether an employer and a union limited the scope of a bargaining unit by orally agreeing to restrict the terms of the written master collective bargaining agreement to a single shipping and receiving clerk employed by appellee Denticator and, if so, whether this was done properly.

Appellant brought this action under section 301(a) of the Labor Management Relations Act ("LMRA"), 29 U.S.C. §...

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