Board of Trustees of the Watsonville Frozen Food Welfare Trust Fund v. California Cooperative Creamery

Good Law
877 F.2d 1415
United States Court of Appeals for the Ninth CircuitJune 21, 1989No. 87-2931California6,421 words

Opinion

lead Opinion

Choy, J.

California Cooperative Creamery (“Cal Co-op”) appeals from a judgment in favor of the Watsonville Frozen Food Welfare Trust Fund (the “Trust Fund”) and its Board of Trustees (the “Board”). The Board brought this action under section 502 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132 , and section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185 , to collect contributions the Board determined Cal Co-op owed to the Trust Fund. Cal Co-op is a California corporation engaged in the milk and cheese business. The Trust Fund is a multiemployer health and welfare trust organized under ERISA and the LMRA. The Trust Fund operates pursuant to a Trust Agreement.

Cal Co-op entered into a series of collective bargaining agreements (“CBAs”) with the General Truck Drivers, Warehousemen & Helpers Union Local No. 624 (“Local 624”). From 1976 until 1984, the CBAs required Cal Co-op to make contributions to the Trust Fund on behalf of Cal Co-op’s employees for health and welfare coverage. In compliance with this obligation, Cal Coop entered into a Subscriber Agreement with the Trust Fund, which required that Cal Co-op comply with the terms of the Trust…

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