Woodward Sand Company, Inc., and Sorrento Sand Company, Inc., Plaintiffs v. The Western Conference of Teamsters Pension Trust Fund

Good Law
789 F.2d 691·7 Employee Benefits Cas. (BNA) 1585·1986 U.S. App. LEXIS 24811
United States Court of Appeals for the Ninth CircuitMay 5, 198685-5677California3,544 words

Opinion

Opinion

Anderson, J.

The Western Conference of Teamsters Pension Trust Fund (the Fund) appeals from the district court’s denial of its summary judgment motion and from the district court’s granting of Woodward Sand Company’s (Woodward) motion for summary judgment. Specifically, the Fund contends that Woodward is obligated to pay the employer withdrawal liability assessment levied by the Fund in accordance with the requirements of the Employee Retirement Income Security Act (ERISA), as amended by the Multiemployer Pension Plan Amendments Act of 1980 (the MPPAA). Because the district court failed to rule on the dispositive issues and failed to apply the appropriate standard of review to the Arbitrator’s findings, we reverse and remand this case to the district court for further consideration.

I. FACTS

On August 16, 1977, Woodward and other members of the San Diego County Rock Producers Association entered into a collective bargaining agreement with Building Material and Dump Truck Drivers, Local No. 36 (hereinafter “Union” or “Local 36”). In this agreement Woodward recognized Local 36 as the collective bargaining agent for its employees. Woodward also agreed to make pension contributions to the Fund…

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