Maui Trucking, Inc. v. Operating Engineers Local Union No. 3 International Union of Operating Engineers

Opinion by Judge TROTT.

This lawsuit arises from a collective bargaining agreement (“Master Agreement”) entered into in Hawaii by the Operating Engineers Local Union No. 3 (“Local No. 3”) on one hand, and the General Contractors Labor Association and the Building Industry Labor Association (“Associations” or “General Contractors”) on the other. Section 24E of this Master Agreement covers the subcontracting by the General Contractors of off-site work such as the hauling of construction materials to and from the General Contractors’ job sites. With the alleged purpose of protecting the work and employment opportunities of all employees covered by the agreement, including the benefits of the Master Agreement itself, Section 24E requires the General Contractors to subcontract off-site work only to subcontractors who agree (1) to pay their employees a total wage and benefits package equal in value to the wage and benefits package payable under the Master Agreement; (2) to ensure that their employees work in accordance with the schedule of hours established in the Master Agreement; (3) to submit certified payroll records to Local 3 and to the Associations; and, (4) to submit any…