Local Union 598, Plumbers & Pipefitters Industry Journeymen & Apprentices Training Fund v. J.A. Jones Construction Co.

Good Law
846 F.2d 1213
United States Court of Appeals for the Ninth CircuitMay 18, 1988No. 85-3894California4,442 words

Opinion

lead Opinion

Beezer, J.

Plaintiff, an employee welfare benefit plan, brought this action against the defendant employers alleging a violation of Washington state’s “prevailing wage” on public works statute. The Washington statute, Wash.Rev.Code ch. 39.12, requires employers on public works projects to make contributions to employee benefit plans at or above the mandated “prevailing wage” level, regardless of the level of contributions established by employment contract or collective bargaining agreement. The district court held that section 514(a) of the federal Employee Retirement Income Security Act (“ERISA”) preempted the Washington statute insofar as it “relates to” an employee benefit plan. We affirm.

I

Defendants, J.A. Jones Construction Company, Bechtel Power Corporation, and Johnson Controls, Inc., 1 are contracting companies which performed plumbing and pipefitting work on a Washington Public Power Supply System project near Rich-land, Washington. Plaintiff, Local Union 598, Plumbers & Pipefitters Industry Journeymen & Apprenticeship Training Fund (“Local Apprenticeship Fund”), is a labor-management apprenticeship and training trust fund.

On July 18, 1984, the Local Apprenticeship Fund…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.