Gregory Bos v. Board of Trustees

We must decide whether an employer’s contractual requirement to contribute to an employee benefits trust fund makes it a fiduciary of unpaid contributions.

I

Beginning in 2007, Gregory Bos was owner and president of Bos Enterprises, Inc. (“BEI”). BEI was a member of the Modular Installers Association, an employer association. As president of BEI, Bos agreed that BEI would be bound by the Carpenters’ Master Agreement, and several trust agreements. The Carpenters’ Master Agreement required each employer — including BEI — to contribute monthly payments based on hours of work to the trust funds (the “Funds”) for the purpose of providing employee benefits. Each trust agreement defined its respective fund as including “all contributions required by the [Carpenters’ Master Agreement] ... to be made for the establishment and maintenance of the [respective plan], and all interest, income and other returns of any kind.” With the exception of the Health and Welfare Fund Agreement, the trust agreements defined each fund to include, as well, any other money received or held because of or pursuant to the trust.

Neither party disputes that Bos personally had full control over BEI’s…