# Cannery Warehousemen, Food Processors, Drivers and Helpers for Teamsters Local Union 748 v. Haig Berberian, Inc., a Delaware Corporation

> Court of Appeals for the Ninth Circuit · June 30, 1980 · 623 F.2d 77

URL: https://www.frixlaw.com/law-library/cases/9466790

## Case

- **Full name:** CANNERY WAREHOUSEMEN, FOOD PROCESSORS, DRIVERS AND HELPERS FOR TEAMSTERS LOCAL UNION # 748, Petitioner-Appellant, v. HAIG BERBERIAN, INC., a Delaware Corporation, Respondent-Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 30, 1980
- **Citations:** 623 F.2d 77; 105 L.R.R.M. (BNA) 2172; 1980 U.S. App. LEXIS 16170
- **Precedential status:** Published
- **Opinion:** Concurrence by Choy
- **Judges:** Choy, Wallace, Grant
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9466790

## How later opinions describe it (automated extraction)

- describing Fay as an “obscure” exception to the rule of “non-reviewability of representation decisions”
- noting that arbitrators may employ “industrial common law” to interpret a CBA

## Opinion text

CHOY, Circuit Judge,
concurring:
I agree with the majority’s conclusion that a valid Board order takes precedence over an arbitrator’s award. I believe that it should be emphasized, however, that neither we nor the district court concluded that the Board order in question was in fact valid. We merely assumed for the purpose of this case that the Board order was valid, because, as discussed in Part II of the majority opinion, we do not have jurisdiction to consider whether the Board should have deferred to the arbitrator.
Should a future Board order properly raise the issue whether the Board abused its discretion in refusing to defer to the arbitrator (e. g., if the Board were to find that the Teamsters committed an unfair labor practice where that finding was based upon the underlying representation decision) the issue will be reviewable uninfluenced by anything in our opinion today. See generally Douglas Aircraft Co. v. NLRB, 609 F.2d 352 (9th Cir. 1979) (Board abused its discretion by failing to defer to arbitrator where arbitrator’s decision might have rested on ground that was not clearly repugnant to the Act).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466790. Public record. Not legal advice.