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CARIAGA v. LOCAL NO. 1184 LABORERS INTERN. UNION

Nos. 97-55188, 97-55958.

154 F.3d 1072 (1998)

MacArthur CARIAGA, dba Line Master, Plaintiff-Appellee, v. LOCAL NO. 1184 LABORERS INTERNATIONAL UNION OF NORTH AMERICA; Construction Laborers Trust Funds for Southern California, Defendants-Appellants. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, HIGHWAY AND STREET STRIPERS, LOCAL UNION 1184, AFL-CIO; Laborers Health and Welfare Fund for Southern California; Construction Laborers Pension Trust for Southern California; Construction Laborers Vacation Trust for Southern California; Laborers Training & Re-training Trust Fund for Southern California; Fund for Construction Industry Advancement; Center for Contract Compliance; Laborers Contract Administration Trust Fund for Southern California, Plaintiffs-Appellants, v. MacArthur CARIAGA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1998.

Attorney(s) appearing for the Case

Alexander B. Cvitan, J. David Sackman, Reich, Adell, Crost & Cvitan, Los Angeles, California, for plaintiffs/appellants.

Joel R. Bryant, William L. Miltner, Perkins & Miltner, San Diego, California, for defendant/appellee.

Before: HUG, Chief Judge, KOZINSKI, Circuit Judge, and FITZGERALD, District Judge.

FITZGERALD, Senior District Judge:

On November 30, 1992, MacArthur B. Cariaga, dba Line Master, entered into a written subcontract with C.C. Myers in which Line Master agreed to perform paint striping work on a highway construction project for the California Department of Transportation. Paragraph 16 of the subcontract agreement provided:

Subcontractor shall, to the extent permissible under federal and any applicable state laws, comply with and be bound by...

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