Arizona Laborers, Teamsters & Cement Masons Local 395 Health & Welfare Trust Fund v. Hatco, Inc.

OPINION

CORCORAN, Judge.

Three questions are presented in this appeal:

1. Does the mere fact of agreement between signatories to the Master Labor Agreement (MLA) that “owner-operators” are employees for the purposes of determining the employer’s contributions to the various union trust funds (Trust Funds) suffice to make the owner-operators employees notwithstanding § 2(3) of the National Labor Relations Act (NLRA), 29 U.S.C. § 152(3)?

2. Did the trial court err in finding that because the owner-operators were employees in fact the employer was required to make contributions to the Trust Funds…