Local 144 Nursing Home Pension Fund v. Demisay

7 Fla. L. Weekly Fed. S 418, 124 L. Ed. 2d 522, 113 S. Ct. 2252, 508 U.S. 581, 16 Employee Benefits Cas. (BNA) 2292, 93 Cal. Daily Op. Serv. 4350, 61 U.S.L.W. 4605, 1993 U.S. LEXIS 4054, 143 L.R.R.M. (BNA) 2497, 93 Daily Journal DAR 7435
CourtSupreme Court of the United States
DecidedJune 14, 1993
Docket91-610
StatusPublished
Cited by65 cases

This text of 7 Fla. L. Weekly Fed. S 418 (Local 144 Nursing Home Pension Fund v. Demisay) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Local 144 Nursing Home Pension Fund v. Demisay, 7 Fla. L. Weekly Fed. S 418, 124 L. Ed. 2d 522, 113 S. Ct. 2252, 508 U.S. 581, 16 Employee Benefits Cas. (BNA) 2292, 93 Cal. Daily Op. Serv. 4350, 61 U.S.L.W. 4605, 1993 U.S. LEXIS 4054, 143 L.R.R.M. (BNA) 2497, 93 Daily Journal DAR 7435 (U.S. 1993).

Opinions

Justice Scalia

delivered the opinion of the Court.

This case presents the question whether a federal district court may issue an injunction pursuant to § 302 of the Labor Management Relations Act, 1947 (LMRA), 61 Stat. 157, as amended, 29 U. S. C. § 186 (1988 ed. and Supp. Ill), requiring the trustees of a multiemployer trust fund to transfer assets from that fund to a new multiemployer trust fund established by employers who broke away from the first fund.

I

Respondents include a group of employers that, until 1981, were members of a multiemployer bargaining association, the Greater New York Health Care Facilities Association, Inc. (Greater Employer Association). Two trust funds — the [583]*583Local 144 Nursing Home Pension Fund and the New York City Nursing Home-Local 144 Welfare Fund (collectively, Greater Funds) — were established pursuant to collective-bargaining agreements between the Greater Employer Association and the relevant union, Local 144 of the Hotel, Hospital, Nursing Home and Allied Services Employees Union, Service Employees International Union, AFL-CIO (Local 144). Prior to 1981, the respondent employers made contributions to the Greater Funds on behalf of their employees in accordance with the terms of collective-bargaining agreements negotiated between the Greater Employer Association and Local 144.

In 1981, the respondent employers broke away from the Greater Employer Association and executed independent collective-bargaining agreements with Local 144. The initial agreements required continuing employer contributions to the Greater Funds, but those concluded in 1984 provided for establishment of a new set of trust funds, the Local 144 Southern New York Residential Health Care Facilities Association Pension Fund and the Local 144 Southern New York Residential Health Care Facilities Association Welfare Fund (Southern Funds). At approximately the same time, the respondent employers ended their participation in the Greater Funds.

In negotiating the transfer from the Greater Funds to the Southern Funds, the “primary concern” of Local 144 was to make sure that the shift would not cause its members to lose benefits. 935 F. 2d 528, 530 (CA2 1991). To address that concern, the respondent employers guaranteed in their collective-bargaining agreements that the Southern Funds would recognize all credited service time earned under the Greater Funds and, more generally, that employees would not lose any benefits as a result of the withdrawal from the Greater Funds. See 710 F. Supp. 58, 60-61 (SDNY 1989). That guarantee obviously created some peculiar liabilities for the Southern Funds. For example, an employee who had earned nine years’ credited service time under the Greater [584]*584Funds would, after just one more year of service, acquire vested rights to pension benefits pursuant to the 10-year vesting requirement of the Southern Funds — even though the Southern Funds had received only one year of employer contributions for that employee. See id., at 61, n. 4. The Southern Funds’ assumption of these liabilities, however, did not alter the obligations of the Greater Funds, which were not parties to the collective-bargaining agreements: They remained liable to the departing employees for all vested benefits. See id., at 61, and n. 5, 65; 935 F. 2d, at 530-531.

To help cover the Southern Funds’ liabilities and in general to help finance the change from the Greater Funds to the Southern Funds, the respondent employers — joined by several of their employees and the trustees of the Southern Funds — brought this action to compel petitioners, the Greater Funds and the Greater Funds’ trustees, to transfer an appropriate fractional share of the Greater Funds’ assets to the Southern Funds. They asserted right to relief under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S. C. §1001 et seq. (1988 ed. and Supp. Ill), and under §302 of the LMRA; only the latter claim is at issue here.

The relevant portions of §302 are set forth in the margin.1 To describe respondents’ claim, it is necessary to sketch [585]*585the structure of that provision. Subsection (a) prohibits an employer (or an association of employers, such as the Greater Employer Association) from, inter alia, making payments to any representative of its employees, including the employees’ union and union officials. Paragraph (b)(1) is the “reciprocal” of subsection (a), Arroyo v. United States, 359 U. S. 419, 423 (1959), making it unlawful for employee representatives to receive the payments prohibited by subsection (a). The prohibitions of subsection (a) and paragraph (b)(1) are drawn broadly and would prevent payments to union employee health and welfare funds such as those at issue here. See generally United States v. Ryan, 350 U. S. 299, 304-305 (1956); Goetz, Employee Benefit Trusts under Section 302 [586]*586of Labor Management Relations Act, 59 Nw. U. L. Rev. 719, 723-731 (1965). Subsection 302(c), however, provides exceptions to the prohibitions. Most significantly for our purposes, paragraph (c)(5) excepts payments to an employee trust fund so long as certain conditions are met, including that the trust fund be “established ... for the sole and exclusive benefit of the employees,” and that the payments be “held in trust for the purpose of paying” employee benefits.

Respondents’ theory is that the Greater Funds cannot meet those last quoted conditions unless they transfer to the Southern Funds the portion of their reserves that is attributable to the respondents’ past contributions. If they fail to do so, according to respondents, they will suffer from a “structural defect” which can be remedied by federal courts pursuant to the power conferred by § 302(e) to “restrain violations of this section.”

The District Court granted petitioners’ motion for summary judgment. Though it agreed with respondents that it had power to “review a challenge that the Greater Funds are structurally deficient under [§ 302(c)(5)’s] ‘sole and exclusive’ benefit standard,” 710 F. Supp., at 61, 62, it found no “structural defect,” since there was no allegation of corruption in the Greater Funds and since the transfer of assets would not further any collective-bargaining policies. Id., at 64. The Court of Appeals reversed, holding that the Greater Funds “would suffer from a ‘structural defect’ ” unless the funds transferred a portion of their assets to the Southern Funds. 935 F. 2d, at 534. It remanded for the District Court “to shape an appropriate remedy guided by the principle that a fair portion of the reserves reflecting contributions made to the Greater Funds on behalf of the [respondents’ employees] should be reallocated to the Southern Funds.” Ibid. We granted certiorari, 505 U. S. 1203 (1992).

[587]*587II

Both the District Court and the Court of Appeals relied on the Second Circuit’s earlier decision in Local 50, Bakery and Confectionery Workers Union, AFL-CIO v. Local 3, Bakery and Confectionery Workers Union, AFL-CIO, 733 F.

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7 Fla. L. Weekly Fed. S 418, 124 L. Ed. 2d 522, 113 S. Ct. 2252, 508 U.S. 581, 16 Employee Benefits Cas. (BNA) 2292, 93 Cal. Daily Op. Serv. 4350, 61 U.S.L.W. 4605, 1993 U.S. LEXIS 4054, 143 L.R.R.M. (BNA) 2497, 93 Daily Journal DAR 7435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-144-nursing-home-pension-fund-v-demisay-scotus-1993.