GCIU-Employer Retirement Fund v. Quad/Graphics, Inc.

ORDER AFFIRMING IN PART AND VACATING IN PART ARBITRATION AWARD [22, 23]

I. INTRODUCTION

This case concerns withdrawal liability under the Employee Retirement Income Security Act of 1974 (“ERISA”) and the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”). Quad/Graphics, Inc. (“Quad”) ceased contributing to a mul-tiemployer pension plan called GCIU-Em-ployer Retirement Fund (“Fund”). The MPPAA imposes liability on employers that withdraw from multiemployer pension plans, and thus the Fund calculated Quad’s withdrawal liability and demanded payment. Quad disputed the Fund’s calculation on several grounds, prompting the parties to submit the matter to arbitration. See 29 U.S.C. § 1401 (a)(1). The arbitration recently concluded, and both parties now petition this Court to affirm and vacate opposing portions of the arbitration award. (ECF Nos. 22, 23.) For the reasons discussed below, the Court AFFIRMS IN PART and VACATES IN PART the arbitrator’s final award, and DISMISSES AS MOOT the Fund’s challenge to portions of the arbitrator’s final award.

II. BACKGROUND

A. Statutory Background

Collective bargaining agreements (“CBAs”) between an employer and an employee-union often…