MacKillop

MacKillop v. Lowe's Market, Inc.

Good Law
58 F.3d 1441·1995 WL 406123
United States Court of Appeals for the Ninth CircuitJuly 11, 1995Nos. 93-35541, 94-35102California3,306 words

Opinion

Lead Opinion

Reavley, J.

Lowe’s Markets, Inc. (Lowe’s) appeals a summary judgment in which the district court held it liable for pension and health care contributions to certain multiemployer benefit plans. We affirm.

BACKGROUND

Lowe’s operates an Oregon grocery store. Union representatives for the United Food and Commercial Workers Local 555 began picketing the store in 1991. This had a negative effect on business, and Lowe’s eventually signed two collective bargaining agreements (CBAs) in August of 1991. One CBA, a retail meatcutter agreement, required Lowe’s to make contributions on behalf of its employees to the Oregon Federation of Butchers Pension Trust. The second CBA, a grocery, produce and deli agreement, required Lowe’s to make contributions to the Oregon Retail Employees Pension Trust Fund. Both agreements also required Lowe’s to make contributions to a multiem-ployer health plan, the Portland Area UFCW Local 555-Employers’ Health Trust. These three fringe benefit plans (the Plans), are multiemployer benefit plans covered by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 .

In November of 1991, a Lowe’s employee brought an unfair labor practices complaint before…

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