PLUMBER, STEAMFITTER & SHIPFITTER INDUSTRY v. SIEMENS BLDG. TECH.

No. 99-35758.

228 F.3d 964 (2000)

PLUMBER, STEAMFITTER AND SHIPFITTER INDUSTRY PENSION PLAN & TRUST, Plumbers, Steamfitters & Shipfitters Industry Health & Welfare Trust; Local 290 Plumber, Steamfitter & Shipfitter Industry Retiree Health Trust; Local 290 Plumbing & Pipefitting Industry Journeyman & Apprenticeship Training Fund; Local 290 Gas Distribution Employees Vacation Trust; United Association Union Local 290 Plumbers, Steamfitter & Shipfitter Industry Scholarship Fund; Plumbing & Pipefitting Management Trust Fund; Piping Industry Contract Administration Fund, Plaintiffs-Appellees, v. SIEMENS BUILDING TECHNOLOGIES INCORPORATED, a Delaware corporation, fka Landis & Staefa, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2000.


Attorney(s) appearing for the Case

Edwin C. Thomas, III, David M. Novak, Bell, Boyd & Lloyd, Chicago, Illinois, for the defendant-appellant.

Darrell L. Cornelius, Portland, Oregon, for the plaintiffs-appellees.

Before: GOODWIN, GRABER, and FLETCHER, Circuit Judges.


GOODWIN, Circuit Judge:

This appeal probes the legal question whether a collective bargaining agreement covers certain employees, and the fact question whether the trustees of an ERISA employee benefits plan had a legitimate purpose to audit certain payroll records of the Appellant employer's operations, as the trustees claim, or were being used by a trade union, as the employer claims, to increase union membership by establishing that union work was being performed...

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