Central States, Southeast and Southwest Areas Pension Fund v. Auffenberg Ford, Inc.

Dist. Ct. did not err in granting plaintiff-pension fund's motion for summary judgment in ERISA action to collect unpaid contributions to fund plan even though defendant-employer had re-entered fund based upon oral agreement with president of union that defendant could withdraw from fund without incurring withdrawal liability upon expiration of collective bargaining agreement (CBA). Defendant was required to pay contribution beyond expiration of CBA and up to date of new CBA since oral agreement was not memorialized in prior CBA, which contained evergreen clause stating that all terms in CBA would remain in effect until new CBA was negotiated, and defendant had signed Participation Agreement requiring defendant to pay contributions to fund in accordance with terms of CBA. Moreover, LMRA and ERISA prevented Dist. Ct from giving force to oral understanding between union and defendant that contradicted prior written agreement.