Operating Engineers Pension Trusts v. B & E Backhoe, Inc.

911 F.2d 1347 116 Lab.Cas. P 10,261 OPERATING ENGINEERS PENSION TRUSTS; Operating Engineers Health and Welfare Fund; Operating Engineers Vacation-Holiday Savings Trust; Operating Engineers Training Trust, Plaintiffs-Appellants-Cross-Appellees, v. B & E BACKHOE, INC., Defendant-Appellee-Cross-Appellant. Nos. 88-6599, 88-6600. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1990. Decided Aug. 14, 1990. Wayne Jett, Jett & Laquer, Pasadena, Cal., for plaintiffs-appellants-cross-appellees. Lloyd C. Ownbey, Jr., Munns, Kofford, Hoffman, Hunt & Throckmorton, Pasadena, Cal., for defendant-appellee-cross-appellant. Appeal from the United States District Court for the Central District of California. Before HUG, SCHROEDER and HALL, Circuit Judges. CYNTHIA HOLCOMB HALL, Circuit Judge: 1 Pension Trust, the Operating Engineers Health and Welfare Fund, the Operating Engineers Vacation-Holiday Savings Trust, and the Operating Engineers Training Trust ("the Trusts") timely appeal the district court's decision to award the Trusts monetary contributions only for those hours actually worked by B & E Backhoe, Inc.'s ("B & E") employees who split their…