William C. Waggoner, Etc. v. Wm. Radkovich Company, Inc., a California Corporation

Trustees of four employee benefit trusts sued Wm. Radkovich Company, Inc. to recover contributions for an employee who the trustees contended was covered by a collective bargaining agreement (agreement) between Radkovich and the International Union of Operating Engineers, Local No. 12. The district court entered judgment for Radkovich. Recent decisions of this court require that we reverse.

The agreement at issue incorporates the terms of a Master Labor Agreement (MLA) between Local 12 and the Southern California General Contractors, which agreement in turn incorporates the terms of the four trust agreements. Under the terms of the MLA, employers make contributions to the trust for all hours of employment for each foreman whom they hire, but they make no contributions for superintendents because the MLA exempts them from coverage. (Art. I, 1B-4). A foreman’s main duty is to supervise operating engineers, and, under limited circumstances, a foreman may perform operating engineers’ work. The MLA does not specify the duties of a superintendent.

Radkovich employed Janes as a “superintendent” for 12 months over an 18-month period (January, 1974 — June, 1975). Janes performed some…