Joint Council of Teamsters No. 42 v. Associated General Contractors of California, Inc.

Good Law

520 F. Supp. 3·108 L.R.R.M. (BNA) 3237·2 Employee Benefits Cas. (BNA) 2241·1980 U.S. Dist. LEXIS 16824

United States District Court, Central District of CaliforniaOctober 22, 1980CV 79-3325 MRPCalifornia997 words

Opinion

Pfaelzer, J.

MEMORANDUM AND ORDER

The parties’ Cross-Motions for Judgment on the Pleadings came on for hearing on December 3,1979. Having heard oral argument, considered the papers submitted, and taken the matter under submission, the Court determines that defendants’ Motion for Judgment on the Pleadings should be granted and plaintiffs’ Motion denied.

The Court has jurisdiction over this suit for declaratory judgment under 29 U.S.C. §§ 185 (a), 186(e) and 28 U.S.C. § 2201 . The plaintiffs seek a determination that owner-operators of trucking equipment used in the building and construction industry are employees under § 302 of the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. § 186 , and that § 302 therefore does not preclude employers who employ the owner-operators from making contributions to plaintiffs’ trust fund for their benefit.

The Joint Council of Teamsters No. 42, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and General Teamsters and Food Processing Local No. 87, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (hereinafter referred to as “the Unions”) are the plaintiffs in this case.…

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