Bakery & Confectionery Union & Industry International Pension Fund v. Ralph's Grocery Co.

118 F.3d 1018, 21 Employee Benefits Cas. (BNA) 1241, 1997 U.S. App. LEXIS 17046
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 9, 1997
Docket96-1095
StatusPublished
Cited by1 cases

This text of 118 F.3d 1018 (Bakery & Confectionery Union & Industry International Pension Fund v. Ralph's Grocery Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bakery & Confectionery Union & Industry International Pension Fund v. Ralph's Grocery Co., 118 F.3d 1018, 21 Employee Benefits Cas. (BNA) 1241, 1997 U.S. App. LEXIS 17046 (4th Cir. 1997).

Opinion

Reversed and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge MURNAGHAN and Senior Judge PHILLIPS joined.

OPINION

BUTZNER, Senior Circuit Judge:

The Confectionery Union and Industry International Pension Fund (Fund) and its trustees filed this suit pursuant to section 515 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1145, to recover delinquent pension fund contributions from Ralph’s Grocery Company (Company). The central issue in this case is whether the plan documents and the Company’s collective bargaining agreement with the local union require it to make pension contributions to the Fund based on severance pay received by the Company’s employees. The district court concluded that the Company was not required to make contributions for severance pay and entered summary judgment for the Company. We reverse and remand with instructions to enter judgment in favor of the Fund.

When the facts are undisputed, summary judgment is appropriate only if one party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). We review the entry of summary judgment de novo, applying the same standard as the district court. Stone v. Liberty Mutual Ins. Co., 105 F.3d 188, 190-91 (4th Cir.1997). When reviewing cross-motions for summary judgment, we may, if appropriate, direct entry of judgment in favor of the party whose motion was denied by the district court. Monahan v. County of Chesterfield, 95 F.3d 1263, 1265 (4th Cir.1996).

I

Section 515 of ERISA, 29 U.S.C. § 1145, states:

Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accor *1021 dance with the terms and conditions of such plan or such agreement.

Section 515 “creates a federal right of action independent of the contract on which the duty to contribute is based.” Bituminous Coal Operators’ Ass’n, Inc. v. Connors, 867 F.2d 625, 633 (D.C.Cir.1989).

In a collection action based on section 515, a multiemployer plan can enforce, as written, the contribution requirements found in the controlling documents. Central Pennsylvania Teamsters Pension Fund v. McCormick Dray Line, Inc., 85 F.3d 1098, 1103 (3d Cir.1996). In this respect, section 515 puts multiemployer plans in a stronger position than they otherwise occupy under common law contract principles. See, e.g., Central States, Southeast and Southwest Areas Pension Fund v. Independent Fruit and Produce Co., 919 F.2d 1343, 1348 (8th Cir. 1990); Connors, 867 F.2d at 633-34. Because an employer’s obligation to a multiemployer plan usually arises through a collective bargaining agreement negotiated and agreed to by the employer and union, the multiemployer plan is, under common law contract principles, a third party beneficiary of the collective bargaining agreement. See Sinai Hospital of Baltimore, Inc. v. National Benefit Fund for Hospital & Health Care Employees, 697 F.2d 562, 568 (4th Cir.1982). Although a third party beneficiary can enforce the terms of a contract that inure to its benefit, it is subject to defenses that the promisor could assert against the original party to the contract. Connors, 867 F.2d at 632. This often meant a multiemployer plan would be subject to defenses the employer could assert against the local union. Independent Fruit and Produce, 919 F.2d at 1348; but see Lewis v. Benedict Coal Corp., 361 U.S. 459, 80 S.Ct. 489, 4 L.Ed.2d 442 (1960) (recognizing, before the enactment of section 515, an exception to the common law third party beneficiary rule in the context of multiemployer funds).

Before section 515 was enacted, collection actions by multiemployer plans often were complicated by issues that had arisen between the employer and the local union but were unrelated to the employer’s obligation to the plan. Central States, Southeast and Southwest Areas Pension Fund v. Gerber Truck Service, Inc., 870 F.2d 1148, 1152-53 (7th Cir.1989); Independent Fruit and Produce, 919 F.2d at 1348. Injecting these tangential issues into collection actions consumed plan resources by increasing the cost and delay involved in litigation. See, e.g., Independent Fruit and Produce, 919 F.2d at 1348. And, in eases in which the employer’s defense was successful, the plan was left without contributions it had been promised and had expected. See, e.g., id. Ultimately, these losses were shouldered by employee beneficiaries through reduced benefits and other employers through increased contributions. Id.; Gerber Truck Service, 870 F.2d at 1151; Benson v. Brower’s Moving & Storage, Inc., 907 F.2d 310, 314 (2d Cir.1990). Because multiemployer plans typically involve many employers and unions across the nation, in most cases it would be difficult and costly for such plans to monitor the problems or understandings that arise between the individual unions and employers. McCormick Dray Line, 85 F.3d at 1103; Gerber Truck Service, 870 F.2d at 1151.

Section 515 strengthens the position of multiemployer plans by holding employers and unions to the literal terms of their written commitments. Because an employer’s obligation to a multiemployer fund is determined by the plain meaning of the language used in the collective bargaining agreement, the actual intent of the contracting parties (i.e., the employer and the local union) is immaterial when the meaning of that language is clear. Independent Fruit and Produce, 919 F.2d at 1349, 1352-53; see also Connors, 867 F.2d at 635-36. Consequently, an employer is not permitted to raise defenses that attempt to show that the union and the employer agreed to terms different from those set forth in the agreement. See, e.g., Gerber Truck Service,

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118 F.3d 1018, 21 Employee Benefits Cas. (BNA) 1241, 1997 U.S. App. LEXIS 17046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bakery-confectionery-union-industry-international-pension-fund-v-ca4-1997.