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

BEEZER, Circuit Judge:

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…