Board of Trustees of Retirement Fund Trust of Plumbing, Heating, and Piping Industry of Southern California v. Western States Mechanical, Inc.

47 F.3d 1175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The BOARD OF TRUSTEES OF THE RETIREMENT FUND TRUST OF THE PLUMBING, HEATING, AND PIPING INDUSTRY OF SOUTHERN CALIFORNIA, Plaintiff/Appellee, v. WESTERN STATES MECHANICAL, INC., a California corporation, Defendant/Appellee. No. 93-56174. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1995. * Decided Feb. 21, 1995. 1 Before: BRUNETTI and KOZINSKI, Circuit Judges and SHADUR, *** Senior District Judge 2 MEMORANDUM ** 3 Western States Mechanical, Inc. ("Western") was held responsible to Board of Trustees of the Retirement Fund Trust of the Plumbing, Heating, and Piping Industry of Southern California ("Fund"), following arbitration pursuant to a collective bargaining agreement ("CBA") to which Western was a party, for $123,000 in CBA-prescribed penalties (at the rate of $100 per day) for Western's violation of the CBA's prohibition against subcontracting to evade Western's CBA obligations. Western…