Laborers Health & Welfare Trust Fund v. Westlake Development

In case number 93-16584, Laborers Health and Welfare Trust Fund for Northern California and related trust funds (the Trust Funds) appeal the district court’s summary judgment in favor of Westlake Development Company, Inc. (Westlake), in the Trust Funds’ action under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185 , and the Employee Retirement and Income Security Act (ERISA), 29 U.S.C. § 1132 (a)(1)(B), (e)(1), seeking pension contributions required by Westlake’s 29 U.S.C. § 158 (f) pre-hire collective bargaining agreement (CBA). In ease number 93-16666, consolidated for appeal, Laborers Local Union 389 and related entities (the “Union”) appeal the district court’s grant of Westlake’s petition to vacate an arbitration award issued by an arbitration panel pursuant to the provisions of the CBA. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

FACTS AND PRIOR PROCEEDINGS

A. The Trust Funds Case

The Trust Funds brought an action in state court seeking money damages for allegedly delinquent fringe benefit contributions based upon a pre-hire CBA executed by employer Westlake. 1 Westlake removed the ac *981 tion to federal court. The parties entered…