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

ORDER AMENDING OPINION and DENYING PETITION FOR REHEARING and REHEARING EN BANC

The opinion filed May 18,1994, slip opinion page 5171, is amended as follows: [Editor’s Note: Amendments incorporated for purposes of publication].

With these amendments, the panel has voted to deny the petition for rehearing. Judges Poole and Trott have voted to reject the suggestion for rehearing en banc, and Judge Sneed so recommends. The full court has been advised of the suggestion for rehearing en banc, and no active judge has requested such a vote. Fed.RApp.P. 35.

Accordingly, the petition for rehearing is denied, and the suggestion for rehearing en banc is rejected.

OPINION

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 Budding 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.…