Arizona Laborers, Teamsters & Cement Masons Local 395 Health & Welfare Trust Fund v. Conquer Cartage Co.

Good Law
753 F.2d 1512·118 L.R.R.M. (BNA) 3391
United States Court of Appeals for the Ninth CircuitFebruary 22, 1985Nos. 83-2072, 83-2094California5,356 words

Opinion

lead Opinion

Reinhardt, J.

Representatives of various joint labor-management trust funds filed claims based on section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1982), and *1514 section 515 of the Employee Retirement Income Security Act, 29 U.S.C. § 1145 (1982), to enforce the provisions of a collective bargaining agreement requiring trust fund contributions by the employer. The defendant employer filed a counterclaim contending that its obligation to contribute to the trust funds had ended a number of years earlier when, according to the employer, the agreement between the two parties to this dispute expired. The disputed agreement incorporated by reference a series of master agreements between various contractor associations and the unions. The district court concluded that the employer was not obligated to make the contributions and granted summary judgment for the employer on the plaintiffs’ claims. We hold that the district court erred.

I. FACTS

The facts are not in dispute. The plaintiffs (hereinafter the “Trust Funds”) represent joint labor-management trust funds established in accordance with section 302 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 186 (1982). Each…

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