Granite Rock Co. v. Int'l Bhd. of Teamsters

• Decision Date: 20 May 2011
• Docket Number: 07–16236.,Nos. 07–16142,s. 07–16142
• Court: U.S. Court of Appeals — Ninth Circuit
• Parties: GRANITE ROCK COMPANY, Plaintiff–Appellee,v.INTERNATIONAL BROTHERHOOD OF TEAMSTERS, FREIGHT, CONSTRUCTION, GENERAL DRIVERS, WAREHOUSEMEN & HELPERS, LOCAL 287 (AFL–CIO), Defendant–Appellant,andInternational Brotherhood of Teamsters, Defendant.Granite Rock Company, Plaintiff–Appellant,v.International Brotherhood of Teamsters, Freight, Construction, General Drivers, Warehousemen & Helpers, Local 287 (AFL–CIO) and International Brotherhood of Teamsters, Defendants–Appellees.

649 F.3d 1067
190 L.R.R.M. (BNA) 3025
161 Lab.Cas. P 10,381
11 Cal. Daily Op. Serv. 6036
2011 Daily Journal D.A.R. 7297

GRANITE ROCK COMPANY, Plaintiff–Appellee,
v.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, FREIGHT, CONSTRUCTION, GENERAL DRIVERS, WAREHOUSEMEN & HELPERS, LOCAL 287 (AFL–CIO), Defendant–Appellant,andInternational Brotherhood of Teamsters, Defendant.Granite Rock Company, Plaintiff–Appellant,
v.
International Brotherhood of Teamsters, Freight, Construction, General Drivers, Warehousemen & Helpers, Local 287 (AFL–CIO) and International Brotherhood of Teamsters, Defendants–Appellees.

Nos. 07–16142

07–16236.

United States Court of Appeals, Ninth Circuit.

May 20, 2011.

[649 F.3d 1068]

Alan S. Levins, Esq., Garry G. Mathiason, Esq., Adam J. Peters, Esq., Kimberly L. Owens, Esq., Littler Mendelson, PC, San Francisco, CA, for Plaintiff–Appellee.Duane B. Beeson, Esq., Lisa W. Pau, Esq., Beeson, Tayer & Bodine, PC, Oakland, CA, for Defendant–Appellant.Peter D. Nussbaum, Esq., Peder J.V. Thoreen, Esq., Altshuler Berzon Nussbaum Rubin & Demain, San Francisco, CA, Leah Ford, Esq., International Brotherhood of Teamsters, Washington, DC, for Defendant.D.C. No. CV–04–02767–JW, Northern District of California, San Jose.Before: RONALD M. GOULD and CARLOS T. BEA, Circuit Judges, and JOHN W. SEDWICK, District Judge.^*

[649 F.3d 1069]

ORDER

Granite Rock Company (“Granite Rock”) sued International Brotherhood of Teamsters, Local 287 (“Local”) and International Brotherhood of Teamsters (“IBT”) under section 301(a) of the Labor Management Relations Act (“LMRA”) with claims relating to a collective bargaining agreement (“CBA”). Granite Rock seeks remedies against Local for breach of the CBA. We reversed the district court's denial of Local's motion to compel arbitration on the question of contract formation. The Supreme Court subsequently granted certiorari and reversed this court on this issue. Granite Rock Co. v. Int'l Bhd. of Teamsters, ––– U.S. ––––, 130 S.Ct. 2847, 177 L.Ed.2d 567 (2010). On remand, we ordered the parties to file supplemental briefs addressing what further proceedings are required consistent with the Supreme Court's opinion.

The parties filed supplemental briefs discussing the following issues: (1) whether the district court erred by denying Local's motion to strike Granite Rock's jury demand; and (2) whether the district court erred when it held that the National Labor Relations Board's (“NLRB”) decision that the CBA was not ratified on July 2, 2004, did not collaterally estop Granite Rock from re-litigating the issue in the district court. We conclude the district court did not err on these issues. We thus affirm the district court's holding on these two issues and remand the case to the district court for further proceedings consistent with this disposition.

I

The district court did not err by denying Local's motion to strike Granite Rock's jury demand. A district court's decision to grant a jury trial is reviewed de novo. United States v. Cal. Mobile Home Park Mgmt. Co., 107 F.3d 1374, 1377 (9th Cir.1997). The resolution of that issue depends upon whether plaintiff's claim is properly characterized as legal or equitable. Chauffeurs, Teamsters and Helpers, Local 391 v. Terry, 494 U.S. 558, 564, 110 S.Ct. 1339, 108 L.Ed.2d 519 (1990). The Supreme Court has established a two-part test for making that determination. Tull v. United States, 481 U.S. 412, 417, 107 S.Ct. 1831, 95 L.Ed.2d 365 (1987...