Fritz of Hawaii, Inc. Electricians, Inc. Tw Electrical Services, Inc. Progressive Electric Co., Inc. Electricians Hawaii, Inc. John Gushiken Electric, Inc. A-1 A-Lectrician, Inc. Mid-Pac Electric, Incorporated Hygade Electric, Inc. Wasa Electrical Services, Inc. American Electric Co., Ltd. Howard T. Kakikawa and Mauna Kea Electric, Inc. v. Pacific Electrical Contractors Association
Docket: 93-17254
Court: Court of Appeals for the Ninth Circuit; June 28, 1995; Federal Appellate Court
The Ninth Circuit Court of Appeals addressed a dispute involving the Pacific Electrical Contractors Association (PECA) and several electrical contracting companies regarding the Ad Office Security Fund (AOSF). The court examined the provisions of the 1980 and 1985 Inside Agreements, specifically Section 2.18. The 1980 agreement stipulated that contributions to the AOSF were to be exclusively used for employee wage payments and contributions to the PECA-IBEW trust funds. The 1985 agreement terminated the AOSF and stated that no further payments would be made from it, except for existing claims, which PECA did not assert were pending. The court determined that the language of the agreements was clear, indicating that PECA had no grounds to retain the AOSF funds. The panel ruled that extrinsic evidence regarding the parties' intent was inadmissible, affirming the district court's decision that PECA must return the funds to the plaintiffs, TW Electrical Services and WASA Electrical Services. The court's decision was made without oral argument and is not to be published or cited as precedent, in accordance with Ninth Circuit Rule 36-3.