Usw

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STEEL, PAPER & FORESTRY, 

RUBBER, MANUFACTURING ENERGY,

ALLIED INDUSTRIAL & SERVICE

WORKERS INTERNATIONAL UNION,

AFL-CIO, CLC, On behalf of its members employed by defendants; RAUDEL COVARRUBIAS, individually and on behalf of all similarly situated current and former No. 09-56578 employees; DAVID SIMMONS, individually and on behalf of all  D.C. No. 2:08-cv-02068-PSG- similarly situated current and

FFM

former employees; STEPHEN S. SWADER Sr., individually and on behalf of all similarly situated current and former employees, Plaintiffs-Appellants, v.

CONOCOPHILLIPS COMPANY,

Defendant-Appellee. 

377 378 UNITED STEEL v. CONOCOPHILLIPS

UNITED STEEL, PAPER & FORESTRY, 

RUBBER, MANUFACTURING ENERGY,

ALLIED INDUSTRIAL & SERVICE

WORKERS INTERNATIONAL UNION,

AFL-CIO, CLC, On behalf of its members employed by defendants; RAUDEL COVARRUBIAS, individually and on behalf of all similarly No. 09-56579 situated current and former employees; DAVID SIMMONS, D.C. No. individually and on behalf of all  …