Associated Builders & Contractors v. Carpenters Vacation and Holiday Trust Fund for Northern California

This is an appeal from a summary judgment for defendants in an action challenging a dues check-off provision in a collective bargaining agreement between the United Brotherhood of Carpenters and Joiners (the Union) and various employers engaged in the construction industry. The plaintiffs, an employer organization known as Associated Builders & Contractors (ABC) and several ABC members, brought the action on behalf of all member employers who transfer dues to the Union pursuant to the check-off provision. They contend that the dues check-off procedure violates the provisions of the Labor Management Relations Act (LMRA) and the Employment Retirement Income Security Act (ERISA). We have jurisdiction under 28 U.S.C. § 1291 (1976) and affirm.

I

FACTS

ABC brought this action on July 14, 1980. At that time, the 46 Northern California Counties Carpenters Agreement (the 1978 Master Agreement) required employers to contribute vacation and holiday benefits to the Carpenters Vacation and Holiday Trust Fund of Northern California (Trust Fund), that funded an employee welfare benefit plan established by the parties to the 1978 Master Agreement. The amounts contributed for each employee were…