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ARIZONA LABORERS, TEAMSTERS v. HATCO, INC.

No. 1 CA-CIV 6101.

142 Ariz. 364 (1984)

690 P.2d 83

ARIZONA LABORERS, TEAMSTERS AND CEMENT MASONS LOCAL 395 HEALTH AND WELFARE TRUST FUND, a Trust; and Arizona Laborers, Teamsters and Cement Masons Local 395 Pension Trust Fund, a Trust; Laborers Joint Training Fund, a Trust; and Teamsters Joint Training Fund, a Trust, Plaintiffs-Appellees, v. HATCO, INC., an Arizona corporation, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied July 11, 1984.

Review Denied October 30, 1984.

Attorney(s) appearing for the Case

Joseph T. Rich, Jr. and Ward & Keenan, Ltd. by Gerald Barrett, Phoenix, for plaintiffs-appellees.

R. Douglas Zirkle, Tucson, for defendant-appellant.

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)?<...

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