Central States, Southeast and Southwest Areas Pension Fund v. Allega Concrete Co.

Dist. Ct. did not err in finding that defendant-employer was required to pay $375,000 in withdrawal liability, after defendant had withdrawn from plaintiff’s under-funded pension plan. Although defendant attempted to seek arbitration regarding amount of withdrawal liability it owed, defendant failed to give timely notice of its arbitration request to American Arbitration Association (AAA), which meant that defendant was required to pay withdrawal liability in amount established by plaintiff. Fact that other AAA provisions had not been approved by Pension Benefit Guaranty Corp. did not excuse defendant from giving AAA timely notice of instant arbitration demand.