Mora
Mora v. Construction Laborer
Opinion
Opinion
FACTS
The Pension Trust is the product of collective bargaining between the Southern California District Council of Laborers together with affiliated local unions and the Southern Califor- nia Chapter of the Associated General Contractors of America together with other associations of contractors. The Pension Trust was established on October 16, 1962. Its terms are set out in over 90 typed pages. Article IX provides for its amend- ment by the trustees. It has been amended 55 times, normally as the result of collective bargaining. Half of the trustees are elected by the union and half by the associations of employ- ers. There is a procedure for appealing the denial of pension claims and there is a Pension Appeals Committee, whose elected chairman is John L. Smith, the Business Manager of Local No. 1184, Laborers’ International Union of North America, AFL-CIO.
Employers are required to contribute to the Pension Trust for all hours worked by a construction laborer and for all hours for which the laborer is paid although no work is per- formed. If a laborer receives a paid vacation, the employer is required to contribute to the Pension Trust for each hour of such vacation.