Central States Southeast and Southwest Areas Pension Fund v. t.i.m.e.-dc, Inc.

826 F.2d 320, 8 Employee Benefits Cas. (BNA) 2397, 1987 U.S. App. LEXIS 12170
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 24, 1987
Docket86-1628
StatusPublished
Cited by57 cases

This text of 826 F.2d 320 (Central States Southeast and Southwest Areas Pension Fund v. t.i.m.e.-dc, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Central States Southeast and Southwest Areas Pension Fund v. t.i.m.e.-dc, Inc., 826 F.2d 320, 8 Employee Benefits Cas. (BNA) 2397, 1987 U.S. App. LEXIS 12170 (5th Cir. 1987).

Opinions

RANDALL, Circuit Judge:

The Central States, Southeast and Southwest Areas Pension Fund (“CSF”) appeals the district court’s issuance of a preliminary injunction against CSF’s assessment of withdrawal liability against T.I.M.E.DC, Inc. (“TIME-DC”), 639 F.Supp. 1468. Finding that TIME-DC did not make a showing of irreparable injury sufficient to excuse its failure to exhaust administrative remedies, we reverse.

[321]*321I.

The central issue in this appeal is the importance of arbitration as the congressionally mandated first recourse in litigation concerning the assessment of withdrawal liability pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. (“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. § 1381, et seq. (“MPPAA”). In order to fully develop the factual and procedural posture in which this appeal is presented, we will first engage in a brief overview of ERISA as amended by the MPPAA, then examine the labor dispute engendering the instant litigation, and, finally, review the proceedings below.

A. An Overview of the Statute

Congress enacted ERISA in 1974 to comprehensively regulate private pension plans. Congress’s intention “was to ensure that employees and their beneficiaries would not be deprived of anticipated retirement benefits by the termination of pension plans before sufficient funds have been accumulated in the plans. Congress wanted to guarantee that ‘if a worker has been promised a defined pension benefit upon retirement — and if he has fulfilled whatever conditions are required to obtain a vested benefit — he actually will receive it.’ ” Pension Benefit Guar. Corp. v. R.A. Gray & Co., 467 U.S. 717, 720, 104 S.Ct. 2709, 2713, 81 L.Ed.2d 601 (1984) (citations omitted) (quoting Nachman Corp. v. Pension Benefit Guar. Corp., 446 U.S. 359, 375, 100 S.Ct. 1723, 1733, 64 L.Ed.2d 354 (1980)).

In the late 1970s, “Congress became concerned that a significant number of [multiemployer] plans were experiencing extreme financial hardship,” id. at 721, 104 S.Ct. at 2713, and that the imminent application of ERISA to multiemployer plans “might induce several large plans to terminate, thus subjecting [ERISA’s pension] insurance system to liability beyond its means.” Connolly v. Pension Benefit Guar. Corp., 475 U.S. 211, 215, 106 S.Ct. 1018, 1021, 89 L.Ed.2d 166 (1986). Congress perceived that “existing law, and particularly the provisions [of ERISA] governing plan termination insurance, do nothing to strengthen financially weak plans, and in some cases may actually cause further deterioration of a plan’s financial condition and create incentives to terminate a plan in financial difficulty.” H.R.Rep. No. 869, 96th Cong., 2d Sess. 51, reprinted in 1980 U.S. Code Cong. & Admin. News 2918, 2919. Congress’s eventual response was the MPPAA, which sought to reduce the burden of employer withdrawals upon a plan and remaining employers by requiring “that an employer withdrawing from a multiemployer pension plan pay a fixed and certain debt to the pension plan. This withdrawal liability is the employer’s proportionate share of the plan’s ‘unfunded vested benefits,’ calculated as the difference between the present value of the vested benefits and the current value of the plan’s assets.” Gray, 467 U.S. at 725, 104 S.Ct. at 2715.

The MPPAA places the responsibility on plan sponsors of determining when withdrawal has taken place, assessing the amount of withdrawal liability, notifying the employer, and collecting the amount due. See. 29 U.S.C. §§ 1382, 1399(b)(1). “On timely request, the plan sponsor is obliged to review and explain any aspect of the withdrawal liability determination questioned by the employer.” Grand Union Co. v. Food Employers Labor Relations Ass’n, 808 F.2d 66, 68 (D.C.Cir.1987) (citing 29 U.S.C. § 1399(b)(2)). “If informal review does not resolve the differences between plan sponsor and employer, the statute commands arbitration: ‘Any dispute between an employer and the plan sponsor of a multiemployer plan concerning a determination made under sections 1381 through 1399 of this title, [i.e., the prescriptions on establishment, calculation, and collection of withdrawal liability] shall be resolved through arbitration.’ ” Id. (quoting 29 U.S.C. § 1401(a)(1)). The plan sponsor’s withdrawal liability determination is presumed correct under the statute, a presumption that the employer may rebut upon a showing “by a preponderance of the evidence that the determination was unrea[322]*322sonable or clearly erroneous.” 29 U.S.C. § 1401(a)(3)(A). A party to the arbitration may seek judicial review of the arbitral award, but, in court, the arbitrator's findings of fact are presumed correct unless rebutted by a clear preponderance of the evidence. 29 U.S.C. § 1401(b)(2), (c). ■

B. The Labor Dispute and CSF’s Withdrawal Assessment

In 1981, TIME-DC’s longstanding, nation-wide trucking operation felt the pinch of the recent deregulation of the trucking industry. Stating that it could no longer effectively compete with new, non-unionized trucking companies, TIME-DC notified the Teamsters National Freight Industry Negotiating Committee (“TNFINC”) that it wished to negotiate a contract tailored to TIME-DC’s particular needs, preferably by individual negotiations with each local International Brotherhood of Teamsters (“Teamsters”) union. Through the period of deregulation, labor arrangements in the trucking industry were governed by a series of collective bargaining agreements negotiated on one side by TNFINC, acting as the exclusive agent for Teamsters locals, and on the other side by a multiem- • ployer bargaining group representing a wide array of freight companies. ' Pursuant to such agreements, TIME-DC was obligated to make payments to pension funds such as CSF. Thus, in 1981, TIME-DC broke away from the multiemployer group in the hope of cutting labor costs by negotiating bilaterally with TNFINC, or through a series of negotiations with the local unions.

TNFINC was.hardly, receptive,,;to this, challenge to its national bargaining author-.’ity. Negotiations between. TIME-DC and¿ TNFINC quickly broke down, and a strike called by TNFINC against TIME-DC in April of 1982 immobilized TIME-DC’s general commodities operation. Within weeks, TIME-DC shut down 80 or 85 of the approximately 100 terminals that it operated, removed office furniture and operating equipment, and, by May 1982, released its entire sales staff.

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826 F.2d 320, 8 Employee Benefits Cas. (BNA) 2397, 1987 U.S. App. LEXIS 12170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-states-southeast-and-southwest-areas-pension-fund-v-time-dc-ca5-1987.