RV Cloud Co. v. W. CON. OF TEAMSTERS PEN. TRUST

SCHWARZER, District Judge.

R.V. Cloud Co. seeks in this action to recover trust fund contributions made on behalf of its employees from June 1979 through June 1982. Both Cloud and the numerous defendants, including the Western Conference of Teamsters Pension Fund, its various trustees, and Teamsters Local 287 and its officers, move for summary judgment.

On May 31, 1979, Cloud's collective bargaining agreement with the Union expired. In September the parties reached an oral agreement whose terms were ratified by the employees in the bargaining unit.

On December 12, 1979, the Trust Fund sent a letter to Cloud and the Union advising them that the Fund had not received a copy of any new bargaining agreement and that if the Fund did not receive such a copy within 30 days, no further contributions would be accepted; any contributions received since May 31, 1979, would be placed into a segregated account; any annuities inadvertently purchased would be cancelled; and Cloud's pension account would be dropped.

On December 18, 1979, the Union's Secretary-Treasurer, Robert Spisak, signed and forwarded to Cloud a collective bargaining agreement (the "new agreement"). Cloud signed this…