Laborer’s Pension Fund v. W.R. Weis Company, Inc.

Federal 7th Circuit Court
Civil Court
ERISA
Citation
Case Number: 
Nos. 16-2079 & 16-2944 Cons.
Decision Date: 
January 8, 2018
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in confirming arbitrator’s award in favor of defendant-employer in ERISA action filed by plaintiff-pension fund seeking to collect more than $600,000 in withdrawal liability arising out of defendant ceasing to contribute to multiemployer pension plan once it stopped hiring members of Laborer’s Union for work performed under collective bargaining agreement. While plaintiff argued that arbitrator misinterpreted section 1383(b)(2)(B)(i) of ERISA when finding that defendant was exempt from withdrawal liability, plaintiff actually waived said issue by failing to raise issue regarding meaning of section 1383(b)(2)(B)(i) with arbitrator and by parties acknowledging in arbitration proceeding that liability would turn on arbitrator’s reading of collective-bargaining agreement. Also, aside from waiver, arbitrator could properly find that pension fund contributions were only required for employees who worked as laborers, and that instant pension fund historically did not require pension payments where, as here, defendant had made pension payments to another pension fund on behalf of other employees arguably doing covered work.