Plumber, Steamfitter and Shipfitter
Industry Pension Plan & Trust v. Siemens Building Technologies Inc.,
228 F.3d 964 (9th Cir. 2000)
-Trust documents of the plans allowed plaintiff
trustees to audit defendant's records to ensure compliance with the contribution
terms. Plaintiffs requested an audit to determine whether systems specialists
were doing the work within the work jurisdiction of plumbers and pipefitters.
Plaintiffs sued to compel defendant to produce the requested information.
Defendant contended that the audit request was actually an effort to acquire
information to advance unionization. The district court found in favor of
plaintiffs, finding no impermissible motive, and awarded plaintiffs attorneys’
fees. The Ninth Circuit affirmed the judgment. Since the CBAs provided a general
work jurisdiction basis for contributions to the trusts, the trusts had a
legitimate administrative interest in the records of employees upon whose behalf
the employer may owe contributions.
