Laborers Health & Welfare Trust Fund v. Leslie G. Delbon Co.

Laborers Health and Welfare Trust Fund for Northern California (the “Fund”) appeals the district court’s grant of summary judgment in favor of Leslie G. Del-bon Co., Inc. in the Fund’s action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1101 , et seq., to collect unpaid employer contributions. The district court held that after 1984, Delbon had no obligation to make contributions to the Fund. We affirm.

In 1980, Delbon signed a memorandum agreement constituting its assent to a collective bargaining agreement (“CBA”) with the Northern District Council of Laborers negotiated on employers’ behalf by Associated General Contractors (“AGC”). The *1110 CBA obligated Delbon to contribute to a multi-employer retirement plan administered by the Fund. The memorandum agreement contained specific provisions for termination, which required that Delbon provide the Union with written notice not more than 90 nor less than 60 days before June 15, 1983. If Delbon did not provide this notice, the CBA was to renew automatically for a one year period, and continue to do so each subsequent year unless Delbon provided notice of termination during the same 60-90 day…