Beutler Sheetmetal Works v. McMorgan & Co.

SUMMARY JUDGMENT

This matter is before the Court on defendants’ Carpenters Pension Trust Fund for Northern California (“Trust Fund”) and McMorgan & Company (“McMorgan”) motion for summary judgment. The Trust Fund is an employee benefit trust established pursuant to a collective bargaining agreement between Carpenters 46 Northern California Conference Board and various employers and employer associations. McMorgan is an investment management service that administers the Trust Fund’s investments. At issue is whether the Trust Fund’s policy of conditioning its mortgage financing of residential housing on the construction of the units by union craftspersons violated section 1 of the Sherman Act.

The plaintiffs, Beutler Sheetmetal Works (“Beutler”) and River City Mechanical (“River City”) are heating, ventilating and air conditioning contractors. During 1982 and 1983, both Beutler and River City subcontracted with Citation Builders (“Citation”) on several projects in the Sacramen to area. During this same period, Beutler also performed heating and air conditioning work for Morrison Homes (“Morrison”). Neither of the plaintiffs are presently covered by a collective bargaining…