Augustine Ponce v. Construction Laborers Pension Trust for Southern California, Lee W. Harrison v. Construction Laborers Pension Trust for Southern California

774 F.2d 1401 120 L.R.R.M. (BNA) 3055 , 6 Employee Benefits Ca 2468 Augustine PONCE, et al. Plaintiffs-Appellees, v. CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA, et al., Defendants-Appellants. Lee W. HARRISON, et al., Plaintiffs-Appellees, v. CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA, et al. Defendants-Appellants. No. 84-6216. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 3, 1985. Decided Oct. 25, 1985. Cox, Castle & Nicholson, James P. Watson, Charles E. Noneman, Los Angeles, Cal., for defendants-appellants. Appeal from the United States District Court for the Central District of California. Before GOODWIN, SNEED and SKOPIL, Circuit Judges. PER CURIAM 1 Trustees of the Construction Laborers Pension Trust (CLPT) appeal from a district court judgment, 582 F.Supp. 1310 , that operation of its trust violates Sec. 302(c)(5) of the Labor Management Relations Act, 29 U.S.C. Sec. 186 (c)(5) (1982). We affirm. 2 The pension plan at issue in this action was put into effect in 1962 by the trustees of the California Laborers Pension Trust. When adopted, the plan included a requirement that to be eligible for pension benefits,…