United States v. Embassy Restaurant, Inc.

359 U.S. 29, 79 S. Ct. 554, 3 L. Ed. 2d 601, 1959 U.S. LEXIS 1746, 43 L.R.R.M. (BNA) 2631, 3 A.F.T.R.2d (RIA) 881
CourtSupreme Court of the United States
DecidedMarch 9, 1959
Docket174
StatusPublished
Cited by131 cases

This text of 359 U.S. 29 (United States v. Embassy Restaurant, Inc.) 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
United States v. Embassy Restaurant, Inc., 359 U.S. 29, 79 S. Ct. 554, 3 L. Ed. 2d 601, 1959 U.S. LEXIS 1746, 43 L.R.R.M. (BNA) 2631, 3 A.F.T.R.2d (RIA) 881 (1959).

Opinions

Mr. Justice Clark

delivered the opinion of the Court.

The sole issue involved here is whether contributions by an employer to a union welfare fund which are required by a collective bargaining agreement are entitled, in bankruptcy, to priority as being “wages . . . due to workmen” under § 64 (a) (2) of the Bankruptcy Act, as [30]*30amended.1 Both the trial court, 154 F. Supp. 141, and the Court of Appeals, 254 F. 2d 475, held that such contributions enjoyed priority. This resulted in a conflict with the Court of Appeals for the Second Circuit, Local 140 Security Fund v. Hack, 242 F. 2d 375, in view of which we granted certiorari 358 U. S. 811

The facts are undisputed. Embassy Restaurant, Inc., was bound in collective bargaining agreements with Local Unions 111 and 301. The agreements related to hours, wages and other conditions of employment. Under these agreements Embassy was obligated to contribute to the trustees of the welfare funds of Locals 111 and 301 $8 per month per full-time employee. The welfare plans were organized to maintain “life insurance, weekly sick benefits, hospital and surgical benefits” and other, advantages for members of the locals. Trustees administered each plan under a formal trust agreement and were authorized to formulate and establish the conditions of eligibility for benefits, control all the funds received, collect all contributions, and in théir “sole discretion” to handle all legal proceedings incident thereto. • Title to. all of the funds, property and income was placed in the*trustees exclusively and no employee or anyone claiming under him had any right whatsoever in the plan or any part thereof. In the [31]*31bankruptcy proceeding the trustees filed proofs of á claim for unpaid contributions due by Embassy, and asserted a second priority for all amounts that had accrued during the three months immediately preceding the bankruptcy. This priority was disallowed by the Referee but, on review, it was granted by both the trial court and the Court of Appeals. We have concluded that such contributions are not entitled to such priority in payment.

At the outset we point out that “The broad purpose of the Bankruptcy Act is to bring about an equitable distribution of the bankrupt’s estate. . . .” Kothe v. R. C. Taylor Trust, 280 U. S. 224, 227, and that “if one claimant is to be preferred over others, the purpose should be clear from the statute.” Nathanson v. Labor Board, 344 U. S. 25, 29.2 Moreover, if thé contributions are placed in the wage priority class, they will likewise, be rendered non-dischargeable under § 17 of the Act,3 resulting in their remaining outstanding debts of the bankrupt if the assets of the estate are insufficient to discharge them for three months prior to the bankruptcy.

The trustees attempt to bring contributions within this preferred class-by claiming them to be “wages . . . due to workmen.” • This class of claims has been given a preferred position in the Bankruptcy Act for over . 100 years,4 long before, welfare funds played any part in labor negotiations. True, the Congress has amended the Act, but such amendments have been few and guarded ones, such as raising the ceiling on the amount permitted,5 shifting [32]*32the relative priorities6 and enlarging the class to salesmen, clerks, "etc.7 If it had wished to include contributions, Congress could easily have included them at any of these times. On the contrary, however, the purpose of Congress' has constantly been to enable employees displaced by bankruptcy to secure, with some promptness, the money directly due to them in back wages, and thus to alleviate in some degree the hardship that unemployment usually brings to workers and their families. Evidence of this purpose is found in a 1934 amendment to the Bankruptcy Act.8 In that year, Congress amended § 63 to allow workmen’s compensation claims as provable debts. In awarding them priority, however, Congress relegated these claims to a seventh priority in contrast to the then fourth priority of wages.9 Only four years later, Congress abolished the priority status of these compensation claims, though it continued them as provable debts under § 63, 11 U. S. C. § 103 (a) (6). It is therefore evident that not all types of obligations due employees from their employers are regarded by Congress as being within the concept of wages, even though having some relation to employment. Moreover, such action indicated the care Congress has exercised in regard- to the protection it has granted “wages . . . due to workmen.”

Let us examine the nature of these contributions. They are flat sums of $8 per month for each workman. The amount is without relation to his hours, wages or productivity. It is due the trustees, not the workman, and the latter has no legal interest in it whatsoever. A workman cannot even compel payment, by a defaulting employer. Moreover it does not appear that the parties to the col[33]*33lective agreement considered these welfare payments as wages. The contract here refers to them as “contributions.” Finally, Embassy’s obligation is to contribute sums to the trustees, not to its workmen; it is enforceable only by the trustees who enjoy not only the sole title, but the exclusive management of the funds.

It is contended, however, that since “unions bargain for these contributions as though' they were wages” and industry likewise considers them “as an integral part of the wage package,” they must in law be considered “wages.” This approach overlooks the fact that we deal with a statute, not business practice. Nor do we believe that holdings that various fringe benefits are wages under the N. L. R. A.10 or the Social Security Act11 are apposite. We construe the priority section of the Bankruptcy Act, not those statutes. < It specifically fixes the relative priority of claims of classes of creditors. Her.e that class is “wages . . . due to workmen.”

The contributions here are not “due to workmen,” nor have they the customary attributes of wages. Thus,, they cannot be treated as being within the clear, unequivocal language of “wages . . . due to workmen” unless it is clear that they satisfy the purpose for which Congress established the priority. That purpose was to provide the workman a “protective cushion” against the economic displacement caused by his employer’s bankruptcy.12 These payments, owed as they are to the trustee rather than to the workman, offer no support to the workman in periods of financial distress. Furthermore, if the claims of the trustees are to be treated on a par with wages, in a case where the employer’s assets are insufficient to pay [34]*34all in the second priority, the workman will have to share with the welfare plan, thus reducing his own recovery.

Respondents argue that precedent allows the priority to be asserted by one other than the workman himself. We are cited to Shropshire, Woodliff & Co. v. Bush,

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359 U.S. 29, 79 S. Ct. 554, 3 L. Ed. 2d 601, 1959 U.S. LEXIS 1746, 43 L.R.R.M. (BNA) 2631, 3 A.F.T.R.2d (RIA) 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-embassy-restaurant-inc-scotus-1959.