Dodd

MEMORANDUM **

Plaintiffs-appellants Kevin Dodd, Errol Jackson, Steve Griggs, Kenneth Keyser, and Noble Alexander (collectively, “Plaintiffs”) appeal the district court’s dismissal of their complaint for failure to state a claim. Plaintiffs allege that they are entitled to participate in the Raytheon Savings and Investment Plan (“RAYSIP”) while on leaves-of-absence from their positions at defendant-appellee Raytheon Systems Company (“Raytheon”). While on leave, Plaintiffs are serving as union business representatives for the Southwest Regional Council of Carpenters (“SWRCC” or “the union”). Plaintiffs allege that they are entitled to participate in RAYSIP because they remained employees of Ray-theon while on leave, even though their wages were paid by SWRCC, not Ray-theon. Raytheon argues that Plaintiffs are not “eligible employees” as defined by the plan, and so cannot participate in RAYSIP.

Between 1997 and 2005, SWRCC sent 401(k) contributions to Raytheon and RAYSIP on behalf of Plaintiffs except Keyser, and those funds were accepted by RAYSIP even though SWRCC is not an “adopting employer” under the RAYSIP provisions. In 2001, Raytheon paid all of their union employees and…