No. 81-4472, 692 F.2d 641 (9th Cir. 1982). · Go Syfert
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No. 81-4472, 692 F.2d 641 (9th Cir. 1982). Cases Citing This Book View Copy Cite
66 citation events (12 in the last 25 years) across 13 distinct courts.
Strongest positive: Chao, Elaine L v. Gunite Corporation (ca7, 2006-03-24)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
cited Cited as authority (rule) Chao, Elaine L v. Gunite Corporation
7th Cir. · 2006 · confidence medium
Comm’n 1984) (quoting Donovan v. Castle & Cooke Foods, a Div. of Castle & Cooke, Inc., 692 F.2d 641, 650 (9th Cir. 1982)).
cited Cited as authority (rule) Elaine Chao, Secretary, Department of Labor v. Gunite Corporation
7th Cir. · 2006 · confidence medium
Comm’n 1984) (quoting Donovan v. Castle & Cooke Foods, a Div. of Castle & Cooke, Inc., 692 F.2d 641, 650 (9th Cir.1982)).
cited Cited as authority (rule) International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Uaw v. Occupational Safety & Health Administration, U.S. Department of Labor, the Dow Chemical Company, American Petroleum Institute, National Confections Association, Chocolate Manufacturers Association, Intervenors. National Association of Manufacturers v. Occupational Safety & Health Administration, U.S. Department of Labor, Elizabeth Dole, Secretary of Labor, Motor Vehicle Manufacturers Association of the United States, Intervenor. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Uaw, Oil, Chemical & Atomic Workers International Union v. Occupational Safety & Health Administration, U.S. Department of Labor
D.C. Cir. · 1991 · confidence medium
Donovan v. Castle & Cooke Foods, 692 F.2d 641, 647-49 (9th Cir.1982). 9 40 The union argues that prior cases preclude a cost-benefit interpretation here.
cited Cited as authority (rule) International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Occupational Safety & Health Administration
D.C. Cir. · 1991 · confidence medium
Donovan v. Castle & Cooke Foods, 692 F.2d 641, 647-49 (9th Cir.1982). 9 The union argues that prior cases preclude a cost-benefit interpretation here.
discussed Cited as authority (rule) 13 O.S.H. Cas.(bna) 1913, 13 O.S.H. Cas.(bna) 2007, 1988 O.S.H.D. (Cch) P 28,337, 1989 O.S.H.D. (Cch) P 28,429 National Grain and Feed Association and Great River Grain Corporation v. Occupational Safety and Health Administration, Food and Allied Service Trades Department, Afl-Cio v. Ann D. McLaughlin Secretary of Labor
5th Cir. · 1989 · confidence medium
Sec. 655 (c), OSHA may issue emergency temporary standards 21 See also Donovan v. Castle & Cooke Foods, 692 F.2d 641, 647-49 (9th Cir.1982) 22 In a separate brief filed by OCAW, which brief has been adopted by all other union parties, the argument is made that the standard deserves remand because OMB allegedly displaced the Secretary's congressionally-authorized role in formulating it.
discussed Cited as authority (rule) National Grain and Feed Association and Great River Grain Corporation v. Occupational Safety and Health Administration, Food and Allied Service Trades Department, Afl-Cio v. Ann D. McLaughlin Secretary of Labor
5th Cir. · 1988 · confidence medium
Sec. 655 (c), OSHA may issue emergency temporary standards 21 See also Donovan v. Castle & Cooke Foods, 692 F.2d 641, 647-49 (9th Cir.1982) 22 In a separate brief filed by OCAW, which brief has been adopted by all other union parties, the argument is made that the standard deserves remand because OMB allegedly displaced the Secretary's congressionally-authorized role in formulating it.
cited Cited as authority (rule) William E. Brock, Secretary of Labor v. Bechtel Power Corporation
9th Cir. · 1986 · confidence medium
Phelps Dodge Corp. v. Occupational Safety & Health Review Commission, 725 F.2d 1237, 1239 (9th Cir.1984) (citing Donovan v. Castle & Cooke Foods, 692 F.2d 641, 645 (9th Cir.1982)).
cited Cited as authority (rule) Phelps Dodge Corporation v. Occupational Safety And Health Review Commission
9th Cir. · 1984 · confidence medium
Donovan v. Castle & Cooke Foods, 692 F.2d 641, 646 (9th Cir.1982).
cited Cited as authority (rule) Phelps Dodge Corp. v. Occupational Safety & Health Review Commission
9th Cir. · 1984 · confidence medium
Donovan v. Castle & Cooke Foods, 692 F.2d 641, 646 (9th Cir.1982).
discussed Cited as authority (rule) Pratt & Whitney Aircraft, Division of United Technologies Corp. v. Donovan (2×) also: Cited "see"
2d Cir. · 1983 · signal: cf. · confidence medium
General Electric Co. v. OSHRC, 583 F.2d 61, 64 (2d Cir.1978); Brennan v. OSHRC, 491 F.2d 1340, 1344 (2d Cir.1974); cf. Donovan v. Castle & Cooke Foods, 692 F.2d 641, 645 (9th Cir.1982) (“We must uphold the agency’s decision, unless we find it to be arbitrary and capricious, not in accordance with the law, or in excess of the authority granted by the Act.”).
discussed Cited as authority (rule) Pratt & Whitney Aircraft v. Raymond J. Donovan (2×) also: Cited "see"
2d Cir. · 1983 · signal: cf. · confidence medium
General Electric Co. v. OSHRC, 583 F.2d 61, 64 (2d Cir.1978); Brennan v. OSHRC, 491 F.2d 1340, 1344 (2d Cir.1974); cf. Donovan v. Castle & Cooke Foods, 692 F.2d 641, 645 (9th Cir.1982) ("We must uphold the agency's decision, unless we find it to be arbitrary and capricious, not in accordance with the law, or in excess of the authority granted by the Act.").
discussed Cited "see" Poore v. Simpson Paper Co. (2×)
9th Cir. · 2008 · signal: see · confidence high
See generally Cement Masons Health & Welfare Trust Fund v. Kirkwood-Bly, Inc., 520 F.Supp. 942, 943-46 (N.D.Cal.1981), aff'd, 692 F.2d 641 (9th Cir.1982) (explaining a court has jurisdiction under the LMRA only “to enforce provisions” of a “legally operative” agreement).
discussed Cited "see" International Brotherhood Of Electrical Workers, Local No. 22 Plans A & B v. Nanco Electric, Inc.
8th Cir. · 1986 · signal: see · confidence high
See Laborers Health & Welfare Trust Fund for Northern California v. Advanced Lightweight Concrete Co., 779 F.2d 497, 500 (9th Cir.1985) (citing Cement Masons Health and Welfare Trust Fund for Northern California v. Kirkwood-Bly, Inc., 520 F.Supp. 942 (N.D.Cal.1981), aff'd, 692 F.2d 641 (9th Cir.1982)). 9 The union then filed a motion for new trial, claiming that the district court had jurisdiction to order mandatory arbitration under Article I of the collective bargaining agreement.
discussed Cited "see" International Brotherhood of Electrical Workers, Local No. 22 Plans A & B v. Nanco Electric, Inc.
8th Cir. · 1986 · signal: see · confidence high
See Laborers Health & Welfare Trust Fund for Northern California v. Advanced Lightweight Concrete Co., 779 F.2d 497, 500 (9th Cir.1985) (citing Cement Masons Health and Welfare Trust Fund for Northern California v. Kirkwood-Bly, Inc., 520 F.Supp. 942 (N.D.Cal.1981), aff'd, 692 F.2d 641 (9th Cir.1982)).
cited Cited "see" Laborers Health & Welfare Trust Fund v. Hess
N.D. Cal. · 1984 · signal: see · confidence high
See Cement Masons Health & Welfare Trust Fund for Northern California v. Kirkwood-Bly, Inc., 692 F.2d 641 (9th Cir.1982).
cited Cited "see, e.g." National Grain & Feed Ass'n v. Occupational Safety & Health Administration
5th Cir. · 1988 · signal: see also · confidence medium
See also Donovan v. Castle & Cooke Foods, 692 F.2d 641, 647-49 (9th Cir.1982). .
cited Cited "see, e.g." National Grain & Feed Ass'n v. Occupational Safety & Health Administration
5th Cir. · 1988 · signal: see also · confidence medium
See also Donovan v. Castle & Cooke Foods, 692 F.2d 641, 647-49 (9th Cir.1982). .
discussed Cited "see, e.g." Laborers Health and Welfare Trust Fund for Northern California Laborers Pension Trust Fund for Northern California and Laborers Training and Retraining Trust Fund for Northern California v. Advanced Lightweight Concrete Co., Inc., Cement Masons Health and Welfare Trust Fund for Northern California Cement Masons Pension Trust Fund for Northern California Cement Masons Vacation Trust Fund for Northern California and Cement Masons Apprenticeship and Training Trust Fund for Northern California v. Advanced Lightweight Concrete Co., Inc.
9th Cir. · 1985 · signal: see also · confidence low
See also Glaziers & Glassworkers Local Union No. 767 v. Custom Auto Glass Distributors, 689 F.2d 1339, 1342 (9th Cir.1982) (Congress intended matters of national labor policy to be decided first by NLRB). 20 In Kirkwood-Bly, the Ninth Circuit concluded that an employer's duty to pay trust fund contributions after a collective agreement has expired derives entirely from section 8(a)(5) and that a section 301 suit to recover unpaid contributions between expiration and impasse was preempted. 692 F.2d 641 (9th Cir.1982), affirming, 520 F.Supp. at 944-45 .
cited Cited "see, e.g." Asarco, Inc. v. Occupational Safety and Health Administration, United States Dept. Of Labor, United Steelworkers of America, Afl-Cio, and Chemical Manufacturers Assoc., Intervenors. Anaconda Minerals Company, and Kennecott Copper Corporation v. Occupational Safety and Health Administration, United States Department of Labor, United Steelworkers of America, Afl-Cio, and Chemical Manufacturers Assoc., Intervenors
9th Cir. · 1984 · signal: see also · confidence medium
See also Donovan v. Castle & Cooke Foods, 692 F.2d 641, 647 (9th Cir.1982) (reviewing noise standard promulgated under Sec. 6(a) of the Act).
cited Cited "see, e.g." ASARCO, Inc. v. Occupational Safety & Health Administration
9th Cir. · 1984 · signal: see also · confidence medium
See also Donovan v. Castle & Cooke Foods, 692 F.2d 641, 647 (9th Cir.1982) (reviewing noise standard promulgated under § 6(a) of the Act).
Retrieving the full opinion text from the archive…
No. 81-4472
641.
Court of Appeals for the Ninth Circuit.
Nov 18, 1982.
692 F.2d 641
Published

692 F.2d 641

111 L.R.R.M. (BNA) 3041, 95 Lab.Cas. P 13,870,
3 Employee Benefits Ca 2504

CEMENT MASONS HEALTH AND WELFARE TRUST FUND FOR NORTHERN
CALIFORNIA; Cement Masons Pension Trust Fund for Northern
California; Cement Masons Vacation Trust Fund for Northern
California; and Cement Masons Apprenticeship and Training
Trust Fund for Northern California, Plaintiffs-Appellants,
v.
KIRKWOOD-BLY, INC., Does 1 Through 10, Inclusive,
Defendants-Appellees.

No. 81-4472.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted July 12, 1982.
Decided Nov. 18, 1982.

Robert M. Hirsch, Van Bourg, Allen, Weinberg & Roger, San Francisco, Cal., for plaintiffs-appellants.

Paul V. Simpson, Thierman & Simpson, San Francisco, Cal., for defendants-appellees.

Appeal from the United States District Court for the Northern District of California; Robert F. Peckham, Chief Judge.

Before SNEED, FARRIS and NORRIS, Circuit Judges.

ORDER

1

The judgment is affirmed for the reasons stated in the district court's opinion. 520 F.Supp. 942 (N.D.Cal.1981).