Alaska Trowel Trades Pension Fund v. Lopshire

I dissent from the majority opinion to the extent that it holds that the Trust Funds are entitled to recover further amounts from Lopshire for employee work hours, which were not reported. The contrary view allows the Trust Funds to partially enforce a properly repudiated pre-hire agreement by using what amounts to an adoption by conduct theory. That they are not entitled to do. See Hawaii Carpenters’ Trust Funds v. Henry, 906 F.2d 1349, 1354-55 (9th Cir.1990).

'While I agree that the Trust Funds could and did rely upon the receipt of reports and monies from Lopshire, that is all they had a…