Markt

MEMORANDUM OPINION

Plaintiffs, trustees of a health and welfare fund and a pension fund for the Bartenders and Culinary Workers Union Local 126, filed this suit to collect allegedly unpaid contributions from defendant Ro-Mant, Inc., erroneously sued as “Ro-Mart, Inc.,” a corporation that operates a tavern known as “39 Main Street” in Tiburón, California. Jurisdiction is based upon section 301 of the Labor Management Relations Act, 29 U.S.C. section 185 . The case was tried to the court, post-trial memoranda were filed, and the case was submitted. The court finds for the plaintiff and orders relief as hereinafter designated.

The Bartenders and Culinary Workers Union Local 126 (“Union”) entered into a collective bargaining agreement effective July 1,1974, with the Marin County Restaurant and Tavern Owners Association, Inc. (“Association”). This agreement was admitted into evidence as Plaintiffs’ Exhibit 1. Section 23 of that agreement provides for the Health and Welfare trust, and specifically states in section 23(a):

Subsection (d) of section 23 further provides:

Section 25 provides for a pension plan trust, as follows:

Defendant Ro-Mant, Inc. was not a party to this agreement…