Walker Specialty Constr., Inc. v. Bd. of Tr. of the Constr. Indus. and Laborers Joint Pension Trust

BACKGROUND

The MPPAA, which amended the Employee Retirement Income Security Act (“ERISA”), imposes liability on employers that withdraw from multiemployer pension plans. 29 U.S.C. § 1381(a). Employers can avoid withdrawal liability if they qualify for an exception available to employers operating in the “building and construction industry.” 29 U.S.C. § 1383(b). But the MPPAA does not define the term “building and construction industry.” See id. To resolve this appeal, we must determine the meaning of “building and construction industry” under the MPPAA and decide whether Walker’s employees worked in the industry. Walker’s employees performed asbestos abatement and demolition work in southern Nevada. Asbestos abatement involves the remediation of building materials containing asbestos, such as insulation, roofing, flooring, walls, cement piping, and fireproofing materials. Remediation requires

WALKER SPECIALTY CONSTR., INC. V. BOARD OF TRUSTEES 5

removing asbestos-containing materials or covering them with an impermeable coating like polyethylene to prevent the release of asbestos fibers. To remove materials with asbestos, Walker’s employees scrape or grind them off, break…