Bernard

This is an appeal from a judgment which ordered the dismissal of the action as against the respondent surety company after sustaining of a demurrer to the amended complaint without leave to amend.

There appears to be no serious dispute as to the facts of the case. Appellants constitute the board of trustees of the Carpenters Health and Welfare Trust for Southern California (sometimes hereinafter referred to as the “Trust Fund”), which Trust Fund was established pursuant to a collective bargaining agreement (sometimes hereinafter referred to as the “Master Labor Agreement”).

The Master Labor Agreement was executed in 1954 by and between the Associated General Contractors of America, Southern California Chapter, the Building Contractors of California, Inc., the Excavating and Grading Contractors As sociation, Inc., and the Home Builders Institute, Inc., on behalf of their respective contractor-employer members engaged in construction work in 11 Southern California counties, and the United Brotherhood of Carpenters and Joiners of America, on behalf of the carpenter-employees of said contractor-employer members. The Master Labor Agreement contains provisions relating to the wages,…