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TAPLEY v. LOCALS 302 AND 612 OF INTERN. UNION

No. 11-35220.

728 F.3d 1134 (2013)

James TAPLEY; Michael Chapman, Plaintiffs-Appellants, v. LOCALS 302 AND 612 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS-EMPLOYERS CONSTRUCTION INDUSTRY RETIREMENT PLAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2013.

Attorney(s) appearing for the Case

Michael Flanigan , Walther & Flanigan, Anchorage, AK, for Plaintiffs-Appellants.

Catherine A. Rothwell (argued) and Frank J. Morales , McKenzie Rothwell Barlow & Korpi, P.S., Seattle, WA, for Defendant-Appellee.

Before: WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and RAYMOND J. DEARIE, District Judge.

OPINION

DEARIE, Senior District Judge:

James Tapley and Michael Chapman appeal a judgment of the district court upholding the interpretation of plan language by the Trustees of their pension plan. The Trustees determined that appellants' respective post-retirement jobs as a traffic flagger and snow plow operator fell into the same "job classification" as their former union jobs as skilled mechanics. On that basis, each appellant was precluded from working...

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