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BRONK v. MOUNTAIN STATES TELEPHONE AND TELEGRAPH

Nos. 97-1069, 97-1078.

140 F.3d 1335 (1998)

Clay BRONK, Maurine Burk, Mark Damilini, Jacqueline Enriquez, Chuck Fletcher, Natalie Franz, John Gierka, Randolph Gilmore, Mark Hay, Kim Johnson, John Kennedy, Jane Knutson, Carol Major, Sandra Martinskis, Alfred Mulford, Terry Reyes, Roy R. Salinas, Larry Sanchez, Lynn Saxe, John Saxe, Ling Sigstedt, Steven Stollman, Donna Sly, Lydia Thomas, Robert Toannon, Frank Vigil, Cynthia Voigt, Colission Wells, Lynn G. Wulf, individually and as representatives of a Class, Plaintiffs — Appellees, v. MOUNTAIN STATES TELEPHONE AND TELEGRAPH, INC., a Colorado corporation, dba U.S. West Communications; U.S. West, Inc., a Colorado corporation; U.S. West, Inc., Employees Benefits Committee; U.S. West Defined Contributions Plan Committee; U.S. West Communications Base Benefits Committee, Defendants — Appellants, ERISA Industry Committee; National Association of Temporary and Staffing Services; Chamber of Commerce of the United States of America, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 7, 1998.

Attorney(s) appearing for the Case

Raymond W. Martin, Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, CO (D. Ward Kallstrom, Lillick & Charles, LLP, San Francisco, CA, and Colleen M. Rea, U.S. West, Inc., Denver, CO, with him on the briefs), for Appellants.

Lee Thomas Judd, Andrew T. Brake, P.C., Englewood, CO (Todd J. McNamara, Todd J. McNamara, P.C., Denver, CO, with him on the brief), for Appellees.

John M. Vine, Covington & Burling, Washington, DC, filed an amicus curiae brief for the ERISA Industry Committee.

Kenneth B. Siegel, Sherman & Howard, L.L.C., Denver, CO, and C. Frederick Oliphant III and Alvaro Ignacio Anillo, Miller & Chevalier, Chartered, Washington, DC, filed an amicus curiae brief for National Association of Temporary and Staffing Services.

Robin S. Conrad, National Chamber Litigation Center, Inc., Washington, DC, and Hollis T. Hurd, The Benefits Department, Pittsburgh, PA, filed an amicus curiae brief for Chamber of Commerce of the United States of America.

Before SEYMOUR, Chief Judge, ANDERSON, and LUCERO, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This is an interlocutory appeal from an order holding that the minimum participation, vesting and funding requirements of the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 ("ERISA") mandate the inclusion in the defendants' pension plans of "leased" employees who meet the definition of common-law employees. The district court also held that such employees were properly excluded from the defendants' welfare...

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