Legal Case Summary

James Small v. Operative Plasterers' and Ceme


Date Argued: Wed Feb 04 2009
Case Number: 08-56668
Docket Number: 7850794
Judges:Trott, Kleinfeld, Fisher
Duration: 43 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: James Small v. Operative Plasterers' and Cement Masons' International Association, Docket Number 7850794** **Background:** The case of James Small v. Operative Plasterers' and Cement Masons' International Association revolves around a dispute arising from employment-related issues within the construction industry. The plaintiff, James Small, alleges that he faced unfair treatment and possibly wrongful termination or discrimination while employed or seeking employment through the union represented by the defendant. **Parties Involved:** - **Plaintiff:** James Small - **Defendant:** Operative Plasterers' and Cement Masons' International Association (OPCMIA) **Legal Issues:** The case typically encompasses issues such as: - Employment discrimination - Breach of union agreement or negligence in representation - Wrongful termination - Fair representation claims under labor laws **Claims:** James Small claims that the OPCMIA failed to provide adequate representation and support, which ultimately led to his adverse employment situation. He may assert that the union did not address his concerns regarding unfair treatment from employers or that they did not uphold the collective bargaining agreement. **Possible Defenses:** The defendant, OPCMIA, could argue that: - They acted within the scope of their responsibilities and adhered to all relevant labor laws. - Any actions taken regarding Small's employment were justified based on performance or behavior. - The union provided adequate support and representation to Small in line with their obligations. **Current Status:** As of now, the outcome of the case might still be pending. The case may have gone through preliminary hearings, or discovery processes, and could be set for trial, or may have been resolved through settlement negotiations. **Conclusion:** This case highlights important issues in labor relations, particularly concerning the obligations of unions to their members. The resolution could have implications for labor practices, union responsibilities, and employee rights within the construction industry. Further updates on the case would provide insights into the final judgment and its impact. (Note: The above summary is a fictional template based on the provided case title and docket number. Actual case details would be necessary for an accurate and comprehensive summary.)

James Small v. Operative Plasterers' and Ceme


Oral Audio Transcript(Beta version)

no audio transcript available