Unpublished Disposition, 842 F.2d 1294 (9th Cir. 1988)

No. 86-2195.

United States Court of Appeals, Ninth Circuit.

Before FLETCHER and REINHARDT, Circuit Judges, and KENYON,^*  District Judge.

ORDER

This case was withdrawn from submission pending the Supreme Court's decision in Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete, 56 U.S.L.W. 4156 (U.S. Feb. 23, 1988). The case is now resubmitted. Based on the Court's opinion we now affirm the district court. Any alleged distinctions between the facts of this case and those of Advanced Lightweight Concrete are without legal significance. See id., 56 U.S.L.W. at 4160 (rejecting claim that inadequacy of NLRB remedies, including the general counsel's discretion to refuse to issue complaints in particular cases, requires the invocation of an ERISA remedy).