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LOCAL UNION 598 ETC. v. J.A. JONES CONST. CO.

No. 85-3894.

846 F.2d 1213 (1988)

LOCAL UNION 598, PLUMBERS & PIPEFITTERS INDUSTRY JOURNEYMEN & APPRENTICES TRAINING FUND, Plaintiff-Appellant, v. J.A. JONES CONSTRUCTION COMPANY; Bechtel Power Corporation; and Johnson Controls, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1988.

Attorney(s) appearing for the Case

Hugh Hafer and David Campbell, Hafer, Price, Rinehart & Schwerin, Seattle, Wash., for plaintiff-appellant.

Ronald F. Garrity, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., Frederick T. Rasmussen and Paul R. Haerle, Riddell, Williams, Bullitt & Walkinshaw, Seattle, Wash., Patricia C. Williams and John C. Black, Winston & Cashatt, Spokane, Wash., for defendants-appellees.

Before POOLE, NORRIS and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Plaintiff, an employee welfare benefit plan, brought this action against the defendant employers alleging a violation of Washington state's "prevailing wage" on public works statute. The Washington statute, Wash.Rev.Code ch. 39.12, requires employers on public works projects to make contributions to employee benefit plans at or above the mandated "prevailing wage" level, regardless of the level of contributions established by employment contract...

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