Northwest Administrators, Inc. v. San Bruno Garbage Co.

MEMORANDUM *

Northwest Administrators, Inc. (“Northwest”) appeals the summary judgment in favor of San Bruno Garbage Co., Inc. (“San Bruno”) in Northwest’s action pursuant to § 502 of ERISA and § 301 of the *918 National Labor Relations Act, alleging that San Bruno breached a collective bargaining agreement (“CBA”) by failing to make pension contributions to the Western Conference of Teamsters Pension Trust Fund (“Trust”) on behalf of employees receiving workers’ compensation. Northwest filed suit in its capacity as the administrator and assignee of the Trust. We affirm.

As a preliminary matter, the Trust’s interpretation of the CBA is not entitled to any deference or evidentiary value. The construction of the CBA is a question of law that we review de novo. Santa Monica Culinary Welfare Fund v. Miramar Hotel Corp., 920 F.2d 1491, 1493 (9th Cir.1990).

To ascertain the meaning of a CBA, we first examine its express written terms. Northwest Adm’rs, Inc. v. B.V. & B.R., Inc., 813 F.2d 223 , 225 (9th Cir.1987). The CBA does not require San Bruno to pay pension contributions on behalf of employees being paid under workers’ compensation laws. San Bruno must make pension contributions…