LAB. HEALTH & WEL. TRUST FUND FOR N.C. v. ADV. LIGHTWEIGHT CONCRETE CO., INC.

Nos. 84-2403 to 84-2406.

779 F.2d 497 (1985)

LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; Laborers Pension Trust Fund for Northern California; and Laborers Training and Retraining Trust Fund for Northern California, Plaintiffs-Appellants, v. ADVANCED LIGHTWEIGHT CONCRETE CO., INC., Defendant-Appellee, CEMENT MASONS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; Cement Masons Pension Trust Fund for Northern California; Cement Masons Vacation Trust Fund for Northern California; and Cement Masons Apprenticeship and Training Trust Fund for Northern California, Plaintiffs-Appellants, v. ADVANCED LIGHTWEIGHT CONCRETE CO., INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 26, 1985.


Attorney(s) appearing for the Case

Barry E. Hinkle, Blythe Mickelson, Michael B. Roger, Van Bourg, Allen, Weinberg & Roger, San Francisco, Cal., for plaintiffs-appellants.

Mark S. Ross, Schachter, Kristoff, Ross, Sprague & Curiale, San Francisco, Cal., for defendant-appellee.

Before CHAMBERS, TANG, and PREGERSON, Circuit Judges.


PREGERSON, Circuit Judge:

In this case of first impression for an appellate court, we hold that the primary jurisdiction of the National Labor Relations Board preempts a trust fund's suit in district court under sections 502 and 515 of the Employee Retirement Income Security Act ("ERISA") to recover delinquent contributions accrued after a collective bargaining agreement has expired.

FACTS

As a member of the Associated General Contractors of California...

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