Mccollum v. Roberts

17 F.3d 1219 145 L.R.R.M. (BNA) 2791 , 62 USLW 2464 , 127 Lab.Cas. P 11,045 , 1 Wage & Hour Cas. 2d (BNA) 1520 John McCOLLUM, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. Mary ROBERTS, in her official capacity as Labor Commissioner for the State of Oregon, Defendant-Appellee. No. 91-35977. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 4, 1993. Decided March 2, 1994. David J. Hollander, Gordon S. Gannicott, Hollander, Lebenbaum & Gannicott, Portland, OR, for the plaintiffs-appellants. Richard D. Wasserman, Assistant Attorney General, Salem, OR, for the defendant-appellee. Appeal from the United States District Court for the District of Oregon. Before: TANG, POOLE and RYMER, Circuit Judges. POOLE, Circuit Judge: 1 Plaintiffs-appellants are private employees who belong to unions and whose employment is covered by collective bargaining agreements. They sued Oregon's Labor Commissioner, Mary Roberts, seeking entitlement to the minimum rest periods Oregon law guarantees to nonunion employees. The district court granted summary judgment for the Commissioner. We now reverse and remand. I. 2 Oregon Administrative Rule…