Bricklayers' Health & Welfare Trust Fund of Inland Empire v. Brick Masons' Health & Welfare Trust Fund

Good Law
656 F.2d 1387
United States Court of Appeals for the Ninth CircuitSeptember 25, 1981No. 78-3626California1,965 words

Opinion

lead Opinion

Hug, J.

A group of employers and several local chapters of the Brick Masons and Plasterers International Union (the Union) entered into a trust agreement establishing the Brick Masons’ Health and Welfare Trust Fund (the Brick Masons’ Fund) to provide benefits for employees under their collective bargaining agreements. Another group of employers in San Bernardino, and Local No. 20 of the Union, became additional signators to the trust agreement so as to provide benefits for employees under their collective bargaining agreement. Approximately six years later, the San Bernardino employer group and Local No. 20 withdrew and formed their own health and welfare fund, denominated the Bricklayers’ Health and Welfare Trust Fund (the Bricklayers’ Fund). This suit involves an effort to require the Brick Masons’ Fund to pay to the newly-established Bricklayers’ Fund a pro rata portion of the unallocated reserves attributable to contributions made by the San Bernardino employer group for the employees covered by their collective bargaining agreements with Local No. 20 for the six-year period before withdrawal.

The complaint alleged jurisdiction under section 502 of ERISA, 29 U.S.C. § 1132 . The Brick…

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