John J. Davis, Jr

Jack is a partner in San Francisco. He represents construction-industry labor unions, joint labor-management committees, apprenticeship programs and employee benefit trust funds. In addition to advising and representing his clients in all areas of traditional labor law, Jack has developed new methods for prosecuting non-union employers' violations of prevailing-wage, apprenticeship and public contracting laws. He also represents Taft-Hartley employee benefit trust funds in complex litigation. Jack serves on the boards of directors of California Lawyers for the Arts and ArtSpan.

Contact

San Francisco
(415) 597-7200
Fax: (415) 597-7201

jjdavis@msh.law

Admitted

CA, NV

Degrees

BA, University of California, Davis

JD, University of San Francisco

 

U.A. Local 343 v. Nor-Cal Plumbing, Inc.
797 F.Supp. 767 (N.D.Cal. 1992), summary judgment rev'd in part, 48 F.3d 1465 (9th Cir. 1995), post-remand jury verdict aff'd, 185 F.3d 978 (9th Cir. 1999), see also In re Pettit, 217 F.3d 1072 (9th Cir. 2000)


Multi-million dollar jury verdict and Ninth Circuit affirmance in a landmark double-breasted employer/LMRA §301/ERISA fraud action

 

U.S. ex rel. Plumbers & Steamfitters Local 38 v. C.W. Roen Construction Co.
183 F.3d 1088 (9th Cir. 1999), cert. denied, 120 S.Ct. 2195 (2000), U.S. ex rel. Plumbers & Steamfitters Local 342 v. Dan Caputo Co., 152 F.3d 1060 (9th Cir. 1998)


Ninth Circuit decisions that the federal False Claims Act covers false certifications, including worker misclassifications, on Davis-Bacon projects and that U.S. Dept. of Labor's Davis-Bacon authority does not pre-empt federal courts' False Claims Act jurisdiction.

 

Independent Roofing Contractors of California v. Department of Industrial Relations
(1994) 23 Cal.App.4th 345


Successful defense of California prevailing wage law's constitutionality.

 

Matson Plastering Co. v. Plasterers and Shophands Local 66
852 F.2d 1200 (9th Cir. 1988), aff'g 658 F.Supp. 1580 (N.D.Cal. 1987)


Ninth Circuit and district court decisions narrowing damages available under LMRA §303

 

Asbestos Workers Local 5 v. Western Insulation Contractors Ass'n
772 F.Supp. 493 (E.D.Cal. 1991)


Action forcing revival of Taft-Hartley defined benefit pension plan after statutory termination.v

 

Gardner Mechanical Services v. NLRB
115 F.3d 636 (9th Cir. 1997), enf'g 313 NLRB No. 130 (1994)


Ninth Circuit decision enforcing unfair labor practice findings against double-breasted employer that had previously escaped liability, after which employer returned to Union-signatory status.

 

Burroughs v. Marr
559 F.Supp 141 (N.D.Cal. 1982), aff'd 736 F.2d 1341 (9th Cir. 1984), vacated as moot on plaintiff's death 742 F.2d 509 (9th Cir. 1984)


Decision protecting union officers from frivolous lawsuits by raising threshold showing for commencement of LMRDA §501 actions.

 

Cameron and Rotz v. Broward Brothers, Inc.
Yolo County Superior Court (2004)


Unfair competition (prevailing wage/public contracting) actions that settled for full restitution and long-term Union-signatory commitments.

 

Anschutz and Hodess v. Rich Port Mechanical, Inc.
Contra Costa Superior Court (1998)


Unfair competition (prevailing wage/public contracting) actions that settled for full restitution and long-term Union-signatory commitments.

 

Blevins, Anschutz and Hodess v. West Bay Builders, Inc.
San Francisco Superior Court (1999)


Unfair competition (prevailing wage/public contracting) actions that settled for full restitution and long-term Union-signatory commitments.

 

Blevins v. Germain dba Paul's Plumbing
Alameda Superior Court (2000)


Unfair competition (prevailing wage/public contracting) actions that settled for full restitution and long-term Union-signatory commitments.

 

Plumbers & Steamfitters Local 62 v. Pinasco, Inc.
N.D.Cal. Case No. C 98-20101 RMW (1998)


LMRA §301 actions compelling employers' return to signatory status through innovative grievance and joint board award enforcement litigation.

 

Heat and Frost Insulators Local 16 v. Energy Mechanical Insulation, Inc.
N.D.Cal. Case No. 01-4818 TEH (2002)


LMRA §301 actions compelling employers' return to signatory status through innovative grievance and joint board award enforcement litigation.

 

Operating Engineers Local 3 v. Bohn
D. Utah Case No. C 81-0022 (1980)


Davis-Bacon injunction against highway project until prevailing wage increases added to construction contract.

 

Morseburg v. Balyon
621 F.2d 972 (9th Cir. 1980)


Successful defense of California Artists Resale Royalty Law against multiple constitutional challenges.