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UNITED ASS'N LOCAL 342, AFL-CIO v. VALLEY ENGINEERS

No. 90-16495.

975 F.2d 611 (1992)

UNITED ASSOCIATION OF JOURNEYMEN & APPRENTICES OF The PLUMBING & PIPEFITTING INDUSTRY, STEAMFITTERS and REFRIGERATION UNION, LOCAL 342; AFL-CIO; U.A. Local No. 159, 342, 343 and 444 Combined Pension Trust Fund; U.A. Local No. 159, 342, 343 and 444 Combined Health and Welfare Trust Fund; and U.A. Local No. 342 Journeymen and Apprentice Training Trust Fund and Doyle Williams, Plaintiffs-Appellants, v. VALLEY ENGINEERS; Vulcan Construction & Maintenance, Inc.; Thomas R. Flynn, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1992.

As Amended October 16, 1992.

Attorney(s) appearing for the Case

John L. Anderson, Maxine Auerbach, Neyhart, Anderson, Reilly & Freitas, San Francisco, Cal., for plaintiffs-appellants.

Charles S. Birenbaum, Scott L. Gardner, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for defendants-appellees Valley Engineers and Thomas R. Flynn.

Michael J. Hogan, Spencer H. Hipp, Littler, Mendelson, Fastiff & Tichy, Fresno, Cal., for defendant-appellee Vulcan Construction & Maintenance.

Before: FLETCHER, WIGGINS and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge.

We consider whether the district court is entitled to rely on an NLRB alter ego or single employer determination when the same issue regarding the employer's status is presented to it in a suit brought under Section 301 of the Labor Management Relations Act.

BACKGROUND

Valley Engineers entered a collective bargaining agreement with Local 342; Vulcan Construction and Engineers, which is under the same ownership as Valley,...

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