Wayne W. Shatto John S. Pemberton and Alvin B. Swigert v. Evans Products Company

In 1965, the Van-Evan Company adopted the Van-Evan Hourly Rated Employees Retirement Income Plan. Van-Evan, but not the employees, contributed to the plan’s trust fund to provide pension benefits to employees. The plan was amended in 1969.

In 1970, Local 198 of the International Brotherhood of Pulp, Sulphite and Paper Mill Workers became the exclusive bargaining representative for all of Van-Evan’s hourly employees. Plaintiffs were union members. In February, 1971, Van-Evan and the Union negotiated a collective bargaining agreement which incorporated the Van-Evan plan. Van-Evan was liquidated into Evans Products Company in 1971.

In 1972, Evans Products and the union entered into a second collective bargaining agreement. This agreement provided that Evans Products would participate in the Paper Industry Union-Management Pension Fund on behalf of the employees. The agreement became effective on October 1, 1972. Neither the 1972 collective bargaining agreement nor subsequent agreements have referred to the Van-Evan plan.

Evans Products ceased contributing to the Van-Evan plan on September 15, 1972. On September 15, 1976, the Board of Directors adopted a resolution which provided…