Central States, Southeast and Southwest Areas Pension Fund v. Georgia-Pacific LLC

Dist. Ct. did not err in confirming arbitrator's finding that defendant-employer did not owe plaintiff-pension fund any withdrawal liability even though defendant ceased its operations by selling its company to third-party, which in turn resumed pension payments on behalf of employees in said company. Under 29 USC section 1384(a)(1), defendant is not responsible for withdrawal liability where, as here, purchaser began making required contributions to fund and posted bond. Moreover, arbitrator could properly find that instant sale of business was not part of overall plan to withdraw from business through incremental divestitures of business.