Legal Opinion

Local 159, 342, 343 & 444 v. Nor-Cal Plumbing, Inc.

Court of Appeals for the Ninth Circuit

Decided July 27, 1999No. Nos. 96-16172, 96-16284PublishedCited by 42 opinions

1Opinion of the Court

TASHIMA, Circuit Judge:

Nor-Cal Plumbing, Inc. (“Nor-Cal”), a plumbing contracting business, was a signatory to a collective bargaining agreement (“CBA”) with Local 343 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefit-ting Industry (the “Union”). The CBA incorporated a Trust Agreement obligating Nor-Cal to make pension and welfare benefit contributions to employee benefit plans (the “Trust Funds”)1 based on the number of hours worked by Nor-Cal’s employees.

The owner and manager of Nor-Cal, Elmar Pettit, began “double-breasting” when he opened a non-union…

2Cases cited25 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  3. Smith v. Evening News Assn.Supreme Court of the United States · 1962
  4. Peacock v. ThomasSupreme Court of the United States · 1996
  5. Galt G/S v. JSS ScandinaviaCourt of Appeals for the Ninth Circuit · 1998

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3Cited by42 opinions

  1. Bowles v. ReadeCourt of Appeals for the Ninth Circuit · 1999
  2. In Re: Elmar Lee Pettit and Audrey Jean Pettit, Debtors. In Re: North Bay Plumbing, Inc., Debtor. McCarthy Johnson & Miller, a Law Firm John J. Davis Diane Sidd-Champion v. North Bay Plumbing, Inc. Elmar Lee Pettit, A/K/A Elmar Lee Pettit Audrey Jean Pettit, Debtors-Appellants. In Re: Elmar Lee Pettit and Audrey Jean Pettit, Debtors. In Re: North Bay Plumbing, Inc., Debtor. Bay Area Pipe Trades Trust Funds v. North Bay Plumbing, Inc. Elmar Lee Pettit A/K/A Elmar Lee Pettit Audrey Jean Pettit, Debtors-AppellantsCourt of Appeals for the Ninth Circuit · 2000
  3. Trustees of the Screen Actors Guild-Producers Pension & Health Plans v. NYCA, Inc.Court of Appeals for the Ninth Circuit · 2009
  4. Line Construction Benefit Fund v. Allied Electrical Contractors, Inc.Court of Appeals for the Seventh Circuit · 2010
  5. Monster Heavy Haulers, LLC v. Goliath Energy Services, LLCNorth Dakota Supreme Court · 2016

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