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John J. Burke v. International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, and Local No. 6, Thereof

John J. BURKE, Appellant, v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND HELPERS, and Local No. 6, Thereof, Appellees

Burke v. Int'l Bhd. of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers, & Local No. 6, Thereof, 417 F.2d 1063 (9th Cir. 1969)
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Subsequent history: rev'd sub nom. Int'l Bhd. of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers v. Hardeman, 401 U.S. 233 (1971). (read from the later opinion; check before relying)

Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
October 6, 1969
Docket
No. 22486_1
Judges
Ely, Carter, Powell
Citations
417 F.2d 106372 L.R.R.M. (BNA) 25731969 U.S. App. LEXIS 10557

Opinion — Per Curiam

PER CURIAM:

This appeal is from a judgment of dismissal of appellant’s complaint in which he asked for reinstatement in ap-pellee union. His union trial resulted in a finding of guilty and a sentence of indefinite suspension. The trial judge in his able opinion 1

detailed the facts and contentions of the parties. We adopt his conclusions and affirm.

Burke was assistant business manager of Local 6 of International Brotherhood of Boilermakers etc., appellee. His and other locals had voted in a referendum on a contract with Pacific Coast shipbuilders. Burke claimed there were irregularities in the voting. The contracts had been printed and were ready for delivery.

Burke, without authority but in a good faith attempt to thwart the delivery of the contract until the claimed vote irregularities were investigated, picked up and retained all of the printed copies of the contract. At first he refused to return them. After keeping them for about 24 hours and following some pressure on appellant they were returned.

Appellant was charged by the International with taking the contracts without authority in violation of the International Constitution, Article XVII, Section 1 (e), (f), (g), (k) and (1). He was tried by a panel of International officers. The trial court found the union trial (Ex. 21) was not violative of the rights of the appellant as guaranteed by 29 U.S.C. § 411 (a) (1), (2) and (5). From the record before us we find no basis to conclude that the facts as found were clearly erroneous. (Rule 52 F.R.Civ.P.).

Affirmed.

1

. Burke v. International Bro. of Boilermakers, etc., 302 F.Supp. 1345 (N.D.Cal.1969).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 14 cases

View all citing references →
1971: 11972: 41975: 11976: 21977: 11983: 21989: 22005: 119712026peak 1972 · 4

Relies on it most ⓘ

  1. International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers v. Hardeman401 U.S. 233 (1971)
  2. Mark Tincher v. Harry Piasecki, President, United Steelworkers of America, District 31, Local Union No. 1014520 F.2d 851 (7th Cir. 1975)
  3. Building Material & Dump Truck Drivers, Local 420 v. Traweek867 F.2d 500 (9th Cir. 1989)
  4. Berg v. Watson417 F. Supp. 806 (S.D.N.Y. 1976)
  5. Casumpang v. ILWU LOCAL 142121 P.3d 391 (Haw. 2005)
  6. Building Material and Dump Truck Drivers, Local 420 and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. Oliver Traweek and Gene McFadden v. Gene True Edgar Smith Richard Martino Pete Gallegos Leo Pittman Arthur Webb and Clyde Craig . Building Material and Dump Truck Drivers, Local 420, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. Richard Martino Edgar Smith and Gene True, and Oliver Traweek and Gene McFadden -Counterclaim-867 F.2d 500 (3d Cir. 1989)

Most recent

  1. Casumpang v. ILWU LOCAL 142121 P.3d 391 (Haw. 2005)
  2. Building Material and Dump Truck Drivers, Local 420 and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. Oliver Traweek and Gene McFadden v. Gene True Edgar Smith Richard Martino Pete Gallegos Leo Pittman Arthur Webb and Clyde Craig . Building Material and Dump Truck Drivers, Local 420, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. Richard Martino Edgar Smith and Gene True, and Oliver Traweek and Gene McFadden -Counterclaim-867 F.2d 500 (3d Cir. 1989)
  3. Building Material & Dump Truck Drivers, Local 420 v. Traweek867 F.2d 500 (9th Cir. 1989)
  4. Mandaglio v. UNITED BROTH. OF CARP. & JOIN. OF AM.575 F. Supp. 646 (E.D.N.Y. 1983)
  5. Mandaglio v. United Brotherhood of Carpenters & Joiners575 F. Supp. 646 (E.D.N.Y. 1983)
  6. Rosario v. Dolgen441 F. Supp. 657 (S.D.N.Y. 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Burke v. Int'l Bhd. of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers, 302 F. Supp. 1345 (N.D. Cal. 1967) 9

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