U.A. Local No. 343 of the United Ass'n of Journeymen & Apprentices v. Nor-Cal Plumbing, Inc.
Opinion
Opinion
Caulfield, J.
ORDER GRANTING SUMMARY JUDGMENT
This matter comes before the court on defendants’ motion for partial summary judgment and plaintiffs’ cross-motion for partial summary judgment. Oral argument was heard on January 17, 1992. After careful consideration of the parties’ written and oral arguments, documents submitted in support, and the record as a whole, the court finds it appropriate to DENY defendants’ motion and GRANT plaintiffs’ motion.
BACKGROUND
Plaintiffs are U.A. Local No. 343, a plumbers and pipefitters union, and the labor-management trust funds in which it participates. Defendant Nor-Cal Plumbing, Inc. (“Nor-Cal”), has been a party signatory to successive collective bargaining agreements with plaintiff U.A. Local 343 since at least 1965. The complaint alleges that defendants transferred the business of Nor-Cal, owned by defendant Elmar Lee Pettit, to defendant North Bay Plumbing, Inc. (“North Bay”), which was established in 1980. North Bay is a nonunion company allegedly owned by Mr. Pet-tit’s wife, defendant Audrey Jean Pettit, but which plaintiffs contend was in fact owned, controlled and managed by Mr. Pet-tit. It is alleged that North Bay continued Nor-Cal’s…