Corcoran

*537 OPINION AND ORDER

Plaintiff employer, California Trucking Association (CTA), brings this action for injunctive and declaratory relief against defendant Trustees of the East Bay Drayage Drivers Security Fund (the Fund) and against defendant Teamster and Auto Truck Drivers Local 70 (the Union). Plaintiff alleges that defendants’ attempts to demand and receive, from CTA, trust fund contributions in the absence of any written agreement authorizing such payments violate Section 302 of the Labor-Management Relations Act (the Act). 29 U.S.C. § 186 . Plaintiff moves for summary judgment and defendant Union moves for a stay of proceedings pending dispute resolution under the provisions of the collective bargaining agreement (the Agreement) to which CTA and the Union are parties. For the reasons hereinafter stated, the Court denies plaintiff’s motion and grants the motion of defendant Union.

I. FACTS

The Agreement between CTA and the Union, effective for the period between April 1, 1976, to and including March 31, 1979, describes, in Article 59, the payments which CTA is obligated to make to the Fund as follows:

The Trust Agreement (originally adopted in November, 1952, and renewed…