Board of Trustees v. Whitewater Engineering Corp.

*40 MEMORANDUM ***

Whitewater Engineering Corporation (“Whitewater”) appeals from the district court’s entry of summary judgment in a suit brought by boards of trustees of various union pension funds (collectively referred to as “Trustees”). We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The sole question in the case is whether Whitewater was obligated to make trust fund contributions on behalf of a supervisory employee who also performed work covered by the applicable collective bargaining agreement. We have long adhered to the rule that when an employee splits his working time between a position covered by a collective bargaining agreement and a non-covered position, the employer must contribute for all hours the employee works or is paid. See Operating Eng’rs Pension Trusts v. B & E Backhoe, Inc., 911 F.2d 1347 , 1351 (9th Cir.1990) (applying split-time rule requiring pension contributions for employees performing both covered and non-covered work); Operating Eng’rs Pension Trust v. A-C Co., 859 F.2d 1336 , 1341 (9th Cir.1988) (same); Kemmis v. McGolderick, 706 F.2d 993 (9th Cir.1983) (applying…