Howard S. Wright Construction Co. v. Laborers International Union of North America, Local Union No. 169

Summary

The Ninth Circuit affirmed dismissal of Howard S. Wright Construction Company’s action against Laborers International Union of North America, Local Union No. 169. The court held that Wright could not repudiate its Section 8(f) prehire agreement midterm because it did not qualify for the limited single-employee exception, having employed two laborers contemporaneously.

Holdings

1. An employer may not repudiate a Section 8(f) prehire agreement during the contract term unless it falls within the limited single-employee exception; Wright did not qualify because it employed two laborers contemporaneously during the relevant period.
2. An appellee that does not file a cross-appeal cannot attack a judgment for the purpose of enlarging its own rights.

Questions Presented

1. Whether Wright's midterm repudiation of the Section 8(f) prehire agreement was valid under the single-employee exception.
2. Whether the union could obtain appellate review of the order denying confirmation and vacating the arbitration award without filing an appeal or cross-appeal.

Disposition

affirmed