Northwest Administrators, Inc. v. Albertson's, Inc.

Northwest Administrators, Inc. (the “administrator”) filed this action to recover pension contributions from Albertson’s, Inc. (“Albertsons”) pursuant to a collective bargaining agreement (“CBA”) between Albert-sons and International Brotherhood of Teamsters (the “union”). The district court held that Albertsons was required to make pension contributions for overtime pay but not for stop pay for long haul mileage truck drivers.

The district court also awarded the administrator liquidated damages and attorney’s fees under 29 U.S.C. § 1132 (g)(2) for its overtime claim. However, the district court denied the administrator’s request for liquidated damages and attorney’s fees on delinquent contributions, discovered during the litigation, which were owed to long haul mileage drivers and voluntarily paid by Albert-sons. Both sides cross-appeal the district court’s orders on summary judgment. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.

I. FACTS

Albertsons and the union are parties to a CBA covering warehouse and driver employees for Albertsons’ Portland Distribution Center. The CBA requires Albertsons to make pension…