Court of Appeals for the Ninth Circuit March 2, 1994, No. 91-35977 (McCollum v. Roberts)

POOLE, Circuit Judge:

Plaintiffs-appellants are private employees who belong to unions and whose employment is covered by collective bargaining agreements, They sued Oregon’s Labor Commissioner, Mary Roberts, seeking entitlement to the minimum rest periods Oregon law guarantees to nonunion employees. The district court granted summary judgment for the Commissioner. We now reverse and remand.

I.