Southern Cal. v. Rodin

2 Citing briefs

  1. USA v. Thompson et al

    MEMORANDUM in Support

    Filed May 19, 2016

    "), Opening Brief of Plaintiff-Appellant, a true and correct copy of which is attached here as Exhibit F. Consistent with A.A. Building Erectors, the Ninth Circuit did not find that evidence relevant in ruling in favor of defendant- employers on their motion to dismiss plaintiff-funds' alter ego claim. 558 F.3d at 1032–33. Case 1:16-cr-10014-PBS Document 40 Filed 05/19/16 Page 20 of 27 21 Indeed, and as the Government is surely aware, it would be a violation of the National Labor Relations Act for Air Quality, or any non-union employer, to discriminate in hiring laborers because of their status as union members. "It shall be an unfair labor practice for an employer . . . to interfere with [the employment rights] guaranteed in section [157] . . . by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization . . . . " 29 U.S.C. § 158; N.L.R.B. v. Town & Country Elec., Inc., 516 U.S. 85, 98, 116 S. Ct. 450, 457, 133 L. Ed. 2d 371 (1995) (even paid union organizers (and by implication unpaid organizers or union members) may be protected individuals under the National Labor Relations Act).

  2. Trustees of The Plumbers And Pipefitters Union Local 525 Health And Welfare Trust And Plan et al v. Sotelo Air, Inc.

    MOTION for Summary Judgment Renewed

    Filed September 26, 2016

    J. Sotelo is the Owner and Manager of both Sotelo Air and Now Services Ownership interests of family members in different companies are treated as common ownership for single employer or alter ego purposes. J.M. Tanaka Const., Inc., at 1034; See Also Southern California Painters & Allied Trades, Dist. Council No. 36 v. Rodin & Co., 558 F.3d 1028, 1032 (9th Cir. 2009) (reiterating that the alter ego determination is not strictly limited to actual common ownership by one individual.) In J.M. Tanaka, the court found, “[A]ll the J.M. Tanaka owners are members of the same family, and Tanaka clearly dominated both corporations.”