HOPE v. INTERNATIONAL BROTHERHOOD OF ELEC. WORKERS

No. 84-2816.

785 F.2d 826 (1986)

Laurence W. HOPE, Eduardo Vallejo, Arlie Baker and James E. McCauley, Plaintiffs/Appellees, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, NINTH DISTRICT; International Brotherhood of Electrical Workers Local Union No. 1245; Payroll Equity Plans, Inc.; Manuel A. Mederos; Ron Fitzsimmons; Jack McNally; and Ibew Pension Trust, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1986.


Attorney(s) appearing for the Case

Brian M. Englund, Van Camp & Johnson, Sacramento, Cal., for plaintiffs/appellees.

John L. Anderson, Richard K. Grosboll, Neyhart, Anderson, Nussbuam, Reilly & Freitas, San Francisco, Cal., for defendants/appellants.

Before CHAMBERS, TANG and BOOCHEVER, Circuit Judges.


BOOCHEVER, Circuit Judge:

A union pension trust appeals a partial summary judgment holding that certain terminated employees were one hundred percent vested under the pension plan. The plan provided for thirty percent vesting upon completion of 156 weeks service and one hundred percent vesting after 158 weeks. The employees were terminated at the end of 156 weeks service and sought credit for accrued vacation time to qualify for 158 weeks. We hold that the pension...

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