Ross McFarland v. Champion International Corporation Champion International Hourly Pension Plan 002

76 F.3d 387 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ross McFARLAND, Plaintiff-Appellant, v. CHAMPION INTERNATIONAL CORPORATION; Champion International Hourly Pension Plan 002, Defendants-Appellees. No. 94-36047. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1996. * Decided Jan. 30, 1996. 1 Before: BROWNING and CANBY, Circuit Judges, and REA, ** District Judge. 2 MEMORANDUM *** 3 Ross McFarland appeals from the district court's grant of summary judgment in favor of Champion International Corp. and Champion Hourly Pension Plan 002. We affirm. I. 4 ERISA does not apply to McFarland's claims since they are based wholly on events that occurred before the statute's effective date. See Menhorn v. Firestone Tire & Rubber Co., 738 F.2d 1496, 1501 (9th Cir.1984). Thus, we review only the alleged violation of Section 302(c)(5) of the Taft-Hartley Act, 29 U.S.C. § 186 (c)(5). See Ponce v. Construction Laborers' Pension Trust, 628 F.2d 537, 541 (9th…