Joseph H. Seymour, Etc. v. Coughlin Company, a California Corporation

Trustees of various pension funds and trusts appeal from a summary judgment entered against them by the district court in their action, as third party beneficiaries, for breach of contract against Coughlin Company (Coughlin). The trustees contend that the district judge improperly failed to follow the statutory mandate of the National Labor Relations Act, and improperly construed the collective bargaining agreement between the International Union of Operating Engineers, Local Union No. 12 (the Union) and Coughlin. We affirm.

I

In 1967, Coughlin executed a “short form” collective bargaining agreement with the Union. The short form agreement incorporated substantially all of the terms, including those governing pension fund contributions, of the Master Labor Agreement (MLA), a multiple employer collective bargaining agreement negotiated between the Union and several Southern California general contractors’ associations (contractors). The MLA had a term of four years and was to expire on July 1,1969. Coughlin was not a party to the MLA at the time it executed the short form agreement with the Union.

In accordance with the terms of the MLA, the Union gave timely written notice to…