(Download) "Operating Engineers Pension Trusts v. B & E Backhoe Inc." by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Operating Engineers Pension Trusts v. B & E Backhoe Inc.
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 06, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
HALL, Circuit Judge: Pension Trust, the Operating Engineers Health and Welfare Fund, the Operating Engineers Vacation-Holiday Savings Trust, and the Operating Engineers Training Trust (""the Trusts"") timely appeal the district court's decision to award the Trusts monetary contributions only for those hours actually worked by B & E Backhoe, Inc.'s (""B & E"") employees who split their time between work covered by a collective bargaining agreement and uncovered work, rather than conclusively presuming that each employee worked forty hours per week. B & E cross appeals the district judge's ruling that travel time to and from work is includable in non-covered work performed by employees, and asks us to develop a ""de minimus"" rule to avoid litigation where the incidental costs and attorney's fees awarded to the Trusts far exceed the principal recoverable sum. Both parties request attorney's fees on appeal.