Legal Opinion
Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co.
Court of Appeals for the Ninth Circuit
Decided December 26, 1985No. Nos. 84-2403 to 84-2406PublishedCited by 9 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
In this case of first impression for an appellate court, we hold that the primary jurisdiction of the National Labor Relations Board preempts a trust fund’s suit in district court under sections 502 and 515 of the Employee Retirement Income Security Act (“ERISA”) to recover delinquent contributions accrued after a collective bargaining agreement has expired.
FACTS
As a member of the Associated General Contractors of California (“AGC”), Advanced Lightweight Concrete Co. (“Advanced”) was a signatory both to the 1980-83 Laborers Master Labor Agreement and to the 1980-83…
2Cases cited33 opinions
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- National Labor Relations Board v. KatzSupreme Court of the United States · 1962
- Garner v. Teamsters, Chauffeurs & Helpers Local Union No. 776Supreme Court of the United States · 1954
- Sears, Roebuck & Co. v. San Diego County District Council of CarpentersSupreme Court of the United States · 1978
- Kaiser Steel Corp. v. MullinsSupreme Court of the United States · 1982
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3Cited by9 opinions
- Hawaii Carpenters Trust Funds v. Waiola Carpenter Shop, Inc.Court of Appeals for the Ninth Circuit · 1987
- Office and Professional Employees Insurance Trust Fund v. Laborers Funds Administrative Office of Northern California, Inc.Court of Appeals for the Ninth Circuit · 1986
- Laborers Health and Welfare Trust Fund for Northern California Laborers Pension Trust Fund for Northern California and Laborers Training and Retraining Trust Fund for Northern California v. Advanced Lightweight Concrete Co., Inc., Cement Masons Health and Welfare Trust Fund for Northern California Cement Masons Pension Trust Fund for Northern California Cement Masons Vacation Trust Fund for Northern California and Cement Masons Apprenticeship and Training Trust Fund for Northern California v. Advanced Lightweight Concrete Co., Inc.Court of Appeals for the Ninth Circuit · 1985
- Hawaii Carpenters Trust Funds v. Waiola Carpenter Shop, Inc.Court of Appeals for the Ninth Circuit · 1987
- Central States, Southeast & Southwest Areas Pension Fund v. Houston Pipe Line Co.District Court, N.D. Illinois · 1989
4 more not listed; retrieve them via the Exa API.