united food and commercial workers union pension fund

During the strike, the Union filed several unfair labor practice charges with the National Labor Relations Board (NLRB). Because the purpose of withdrawal liability is the protection of the financial integrity of multiemployer plans, the Report proposed three alternatives: (1) relief through easing the payment schedule; (2) relief through direct attribution; and (3) relief through transfer to a single-employer plan. 3. DE 238, Arbitrator Op. Are you and your coworkers ready to negotiate together for bigger paychecks, stronger benefits and better lives? 29 U.S.C. The Fund is a multiemployer pension plan with approximately fifty (50) contributing employers and fourteen thousand (14,000) employees or participants, largely associated with the region's supermarkets and drug stores. R >l2uf(xz7>)PaC`|Id*c($FTLA7[82 Id. at 725. R b!U[[%[JBz0DI0gj/,jg"kK= Pursuant to a series of collective bargaining agreements (CBAs) with the Union, Rubber Associates was a contributing employer to the Fund. United Food and Commercial Workers Unions & Employers Midwest Pension Fund is a multi-employer defined benefit union pension fund based in Rosemont, Illinois. Corp. v. R.A. Gray & Co., 467 U.S. 717, 720, 104 S.Ct. hQk0}I)d}R0A|H2d[o-/3`C? As was customary, Rubber Associates requested an estimate of withdrawal liability from the Fund, and the Fund estimated $1,518,872 in withdrawal liability in January 2007. With minor exceptions a plan determines the amount of unfunded vested benefits allocable to a withdrawing employer in accordance with the presumptive method, unless the plan is amended to adopt an alternative allocative method, which [g]enerally, the PBGC must approve. 29 C.F.R. We decline to tamper with this calculation scheme because Congress has expressly enacted specified statutory methods for the calculation of withdrawal liability. See Lamie v. United States Trustee, 540 U.S. 526, 538, 124 S.Ct. Rubber Associates next argues that even though Congress failed to take action based on the Report, this was because no true union-mandated withdrawal had occurred at the time the Report was issued. Appellant Br. Id. This usually covers the basics like wages, raises, processes for discipline and termination, safeguards against favoritism, scheduling, retirement benefits and health care, and more. For the first five, OLMS requires unions to provide detailed information on any recipient that received more than $5,000 per year. PitchBook provides insight into a limited partners preferred investments, including actual and target allocations by strategy, secondary market preferences and interest in first-time funds. The MPPAA provides that once a fund determines that an employer has withdrawn from its plan, the fund must notify the employer of the amount of the liability, prepare a schedule for liability payments, and demand payment in accordance with the schedule. DiGeronimo, 763 F.3d at 510 (citing 29 U.S.C. The pension fund provides retirement, disability, and death benefits to employee-members and beneficiaries. Negotiations resumed with a mediator in 2008. hb```a``f`f B@9f @AI!da`I`ee&{z&1?@$9XC\ On July 12, 2022, Northside Hospital system and Anthem announced they have finalized an agreement to provide Anthem members with in-network access to care at Northside's hospitals, physicians, and other outpatient locations. endstream endobj startxref Congress declared the policy of the MPPAA as follows: (1) to foster and facilitate interstate commerce, (2) to alleviate certain problems which tend to discourage the maintenance and growth of multiemployer pension plans, (3) to provide reasonable protection for the interests of participants and beneficiaries of financially distressed multiemployer pension plans, and (4) to provide a financially self-sufficient program for the guarantee of employee benefits under multiemployer plans. Bloomberg. The withdrawal assessment exceeds half of Rubber Associates' annual sales in 2009, 2010, and 2011. Participating Food Industry Employers Tri-State Pension Fund {the "Plan," or, the "Fund"). The Fund Office is proud to support these loyal, hard-working participants that are responsible for our growth and progress. Treating its factual allegations as true and assuming that collusion would justify equitable relief, Rubber Associates has simply failed to allege collusion and self-dealing. Section 1451(a) provides that [a] plan fiduciary, employer, plan participant, or beneficiary, who is adversely affected by the act or omission of any party under this subtitle with respect to a multiemployer plan, or an employee organization which represents such a plan participant or beneficiary for purposes of collective bargaining, may bring an action for appropriate legal or equitable relief, or both. However, the Fund does not dispute standing, and as recognized by the district court, Statutory standing does not confer a substantive right. Rubber Associates, 2015 WL 778781, at *7. The MPPAA requires that an employer withdrawing from a multiemployer pension plan pay a fixed and certain debt to the pension plan. Id. Rubber Associates requested review of the withdrawal liability assessment and offered to resume making contributions to the Fund on November 1, 2010. In response to the Union's demand for a final offer, Rubber Associates proposed a contract that would have largely maintained the status quo, though it included a two-tier benefit level on holiday pay and vacations. 29 U.S.C. From negotiating with employers to improve working conditions to organizing community food drives, we know together we can make a difference and improve the lives of those around us. The UFCW Participant Portal is officially open! 1391. ERISA simply fails to afford Rubber Associates relief in this situation. at 38. Welcome to the family! Have a question about the Covid-19 vaccine? The PBGC suggested that Congress establish new rules under which a withdrawing employer would be required to pay whatever share of the plan's unfunded vested liabilities was attributable to that employer's participation. Id. The NLRB ruled in Rubber Associates' favor on the major allegations. Rubber Associates asserts that collusion is an agreement between two or more persons to obtain an object forbidden by the law. Appellant Br. The strength of our union is our members, and the UFCW is committed to improving their lives every [] Even if ERISA's failure to provide a remedy for the special subset of complete withdrawals at issue in this case could be described as a gap in the statutory scheme, there is no reason to believe the gap is awkward. Local 60682, 342 F.3d at 610; see also Bd. The Labor-Management Reporting and Disclosure Act (LMRDA), which is enforced by the Office of Labor-Management Standards, requires labor unions to file annual reports detailing their operations. Each region is headed by a regional director who oversees staff that provides assistance to the local unions within its geographical jurisdiction. For all other matters, please send us an email to: UFCWFundSupport@UFCWNationalFund.org. For more information about this Notice, you may contact the Board of Trustees, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund, 3031 B Walton Road, Plymouth Meeting, PA 19462, telephone (866 . M (_"8P$GX'_@q u(pzt9*KJ:(.h If you need assistance with your retirement benefits, please contact us at (800) 531-2385. Established in 1960, the plan provides retirement benefits to eligible members of the UFCW. With the enactment of ERISA in 1974, Congress created the Pension Benefit Guaranty Corporation (PBGC) to administer a plan termination insurance program. These local unions bargain contracts, help non-union workers organize, and in general handle most of the day-to-day issues that directly affect members. You can print your 2022 1095-B tax form in the UFCW Participant Portal! Meat Cutters Pension Fund Address: PO BOX 6000. at 22. hbbd`b`;8x&eb`~qU q 4211.1(a); see also 29 U.S.C. Rubber Associates appeals the district court's dismissal of its counterclaim for equitable relief to reduce the withdrawal liability it incurred after the union-mandated withdrawal from the United Food and Commercial Workers UnionEmployer Pension Fund (the Fund)which is governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. As previously stated, Congress enacted the MPPAA in order to provide reasonable protection for the interests of participants and beneficiaries of financially distressed multiemployer pension plans[ ] and to provide a financially self-sufficient program for the guarantee of employee benefits under multiemployer plans. 29 U.S.C. Rubber Associates then sought arbitration of its claims pursuant to 29 U.S.C. The Fund Office is proud to support these loyal, hard-working participants. However, there is no authority that would forbid Caruso from serving both the Union and the Fund at the same time. United Food & Commercial Workers District Council, United Food & Commercial Workers Regional Council 4, United Food & Commercial Workers Regional Board, United Food & Commercial Workers Regional Council 6, United Food & Commercial Workers Local 21, United Food & Commercial Workers Regional Council 3, United Food & Commercial Workers Local 1262, See All Locals and Other Affiliated Organizations, National Institute on Money in State Politics, 8(b)(1)(A) Duty of Fair Representation, incl'g Superseniority, denial of access, 8(a)(1) Coercive Actions (Surveillance, etc), 8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing), 8(a)(3) Discharge (Including Layoff and Refusal to Hire (not salting)), 8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc. at 509 (quoting Nachman Corp. v. Pension Benefit Guar. Corp., 446 U.S. 359, 375, 100 S.Ct. The UFCW is made up of 1.4 million members people working together to improve their lives and their future. O z^!&M9GS=/@ L~$Wkf%k For more information about this Notice, you may contactthe Board of Trustees, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund, 3031B Walton Road, Plymouth Meeting, PA19462, telephone (866) 928-8329 or (610) 941-4282When it is completed, you and participants will have a right to receive. Please use this contact form for general questions and comments only. Council efforts build stronger communities, safer workplaces and a brighter future for workers and their families across North America. var xti77mu0yuyuar; (function(d, t) { var s = d.createElement(t), options = { 'userName':'issisite', 'formHash':'xti77mu0yuyuar', 'autoResize':true, 'height':'645', 'async':true, 'host':'wufoo.com', 'header':'show', 'ssl':true }; s.src = ('https:' == d.location.protocol ? And [w]here ERISA allows for recovery on an issue under some but not all circumstances, ERISA is not silent on that issue. Girls Scouts of Middle Tenn., Inc. v. Girl Scouts of U.S .A., 770 F.3d 414, 421 (6th Cir.2014) (citing Local 60682, 342 F.3d at 609). %PDF-1.6 % If you are, the steps to joining the UFCW are simple. jP Rubber Associates withdrew its proposal for the 30cent rate and agreed to maintain its previous contribution rate of 62 cents, which the Union accepted. UNITED FOOD AND COMMERCIAL WORKERS UNIONEMPLOYER PENSION FUND; Robert W. Grauvogl; Barbara Caruso; Carl Ivka; F. Steven Albrecht; John Halkias; Ray Huber, PlaintiffsAppellees, v. RUBBER ASSOCIATES, INC., DefendantAppellant. The strike lasted seventeen (17) months. NF0 #&JY#V endstream endobj startxref In late 2006 or early 2007, Rubber Associates and the Union began negotiations for a new CBA. The assets of the pension fund are managed by the executive management team. H,0&;= %3PANiHP4WSsfnTwC `(mkmG Vq The Center for Union Facts is a 501(c)(3) nonprofit organization that fights for transparency and accountability in Americas labor movement. Allowing employers to reduce or eliminate their withdrawal liability even when faced with a union-mandated withdrawal is not essential to the promotion of fundamental ERISA policies. 1302; Pension Benefit Guar. 0 Rubber Associates responded by hiring temporary replacement workers. When reviewing a district court's dismissal of a cause of action for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), this court employs a de novo standard of review. {5evNDIxYhR Db{07BU1Mgk)";Z" 3##!ZG\x`ZA9LW-?g05rKK=fRJm Keep an eye out for our new Participant Portal where you will be able to access more personalized information about your benefits. Co., 32 F.3d 220, 225 (6th Cir.1994)). 29 U.S.C. At the UFCW National Health and Welfare Fund we service only UFCW members, their families and retirees. The local offices make up eight geographic regions- seven dividing up the United States and another region for Canada. Contact 1 800 531 2385 All rights reserved. Our staff takes your issues seriously. These factual allegations, without more, would prove only that the Union and the Fund were interrelated, not that any improper or illegal collusion occurred. Estimate your retirement income and explore payment options for any projected future retirement date. States, Se. Qhidu=p Anything the union members feel is important and that can be successfully negotiated with the company is fair game. UNITED FOOD AND COMMERCIAL WORKERS UNION EMPLOYER PENSION FUND v. RUBBER ASSOCIATES INC. @?A0"2|k\\k,d#%OD\WVmp.NTWu~Ri%({o[\LJF-VNg;'kI3i5EV7~ k!m See DiGeronimo, 763 F.3d at 512. Established in 1963, the fund covers employees of retail food stores, meat markets, nursing homes, and similar industries, who are members of the United Food and Commercial Workers Union in the Midwest region. Learn more here. 5. Legal Disclaimer Attention! During arbitration, Rubber Associates contended that due to the nature of the union-mandated withdrawal, the calculation of its liability should be in accordance with a proposed alternative calculation. UFCW members are employed in many different industries, but concentrated in retail food, meatpacking, poultry, and other . Each worksite has a Union Representative (sometimes called a Business Agent) union staff who regularly visit your worksite to inform you about whats happening around the union, and help make sure everyones rights are protected. The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United States. | 2<7n . r'^qU1}"{Q^`gv!5aw[-7-! UFCW regions and locals are all a part of the greater UFCW International Union. 5:14cv183, 2015 WL 778781, at *4 (N.D.Ohio Feb.24, 2015). Rubber Associates argues against itself by stating that the fact that this is a case of first impression as no other court has addressed whether relief should be granted where a true union-mandated withdrawal has taken place, highlights the very minimal financial impact that granting such equitable relief would have on pension plans. Appellant Br. Source: National Labor Relations Board Case Activity Tracking System. One of our major strengths is our ability to listen to your needs and design benefit packages that create solutions where none seem to exist. The parties agree that a complete withdrawal has happened in this case, and that ERISA and the MPPAA require a contributing employer to pay withdrawal liability upon its exit from a multiemployer pension plan. Macys Workers in California Ratify a New Contract, Cannabis Workers in New Jersey Join Local 360, Farmers Markets Workers in the DMV Area Join Local 400. It is not our role to create law in situations where Congress has declined to act. Mut. at 32 (quoting AAA Installers v. Sears Holdings Corp., 764 F.Supp.2d 931, 942 (S.D.Ohio 2011)). The Southern California United Food & Commercial Workers Unions and Food Employers Pension Fund and the United Food & Commercial Workers Unions and Food Employers Benefit Fund (the "Funds") were created more than 40 years ago, as a result of collective bargaining between the Southern California Retail Food Employers and the Southern California UFCW Union Locals. 289 0 obj <>/Filter/FlateDecode/ID[<5217F1833AB74FD0B0B4396888253D80>]/Index[282 10]/Info 281 0 R/Length 47/Prev 662230/Root 283 0 R/Size 292/Type/XRef/W[1 2 0]>>stream See Mass. In addition, following sp&c arrangements shall apply. The PBGC identified several problems with each of these proposals before recommending no change in existing law. This website has information on how to get the most out of your benefits. 1382, 1399(b)(1)). The Fund's trustees responded that they had properly relied on the calculation of withdrawal liability made by the actuary for the [Fund]. DE 2246, Resp., Page ID 2226. 18861 90th Avenue _ Suite A. Mokena, IL 60448 (toll-free) 800-531-2385 (fax) 312-329-7923 UFCW National Pension Fund Website * 4211.1(a). "0 kg Some incidents may be accounted for in multiple categories. However, the Report is not a source of law and we need not treat it as one. Get the full list, Youre viewing 3 of 4 team members. Get the full list, Youre viewing 5 of 11 team members. Although the Sixth Circuit in Findlay Truck Line, Inc. v. Central States, Southeast & Southwest Areas Pension Fund, 726 F.3d 738, 755 (6th Cir.2013), cited the Report, it did so only to borrow the PBGC's definition of a union-mandated withdrawal. The district court granted the Fund's motion to dismiss Rubber Associates' counterclaim. 29 U.S.C. Don't hesitate to call or email us with any questions. 1023, 157 L.Ed.2d 1024 (2004) (Our unwillingness to soften the import of Congress' chosen words even if we believe the words lead to a harsh outcome is longstanding.). Withdrawing employers that are insolvent may have their withdrawal liability reduced by 50%. . Rubber Associates contends that the Report should be afforded weight as interpretative guidance. Appellant Br. Established in 1963, the fund covers employees of retail food stores, meat markets, nursing homes, and similar industries, who are members of the United Food and Commercial Workers Union in the Midwest region. !fZNrPfqzI"u1r~L H;>T `(CQDHHZDD_Y_hRe`apA3 # #Y(rl`I$#+@;BR0pEf!P5FAn "*&.! 1-800-241-2136, Toll-Free: The text of ERISA plainly defines withdrawal liability and addresses the issue of withdrawal liability, 29 U.S.C. 1383. Just click the "LOGIN" button in the top righthand corner of this webpage to setup your login information and get started! T-c9KsB6lcBQYvD Z9nn3aPx/2 In light of these objectives, ERISA provides four statutory methods for calculating withdrawal liability: (1) the presumptive method, (2) the modified presumptive method, (3) the rolling5 method, and (4) the direct attribution method. Storage Co. v. Cent. The Office of Labor-Management Standards (OLMS) conducts investigations to determine if violations of the Labor-Management Relations and Disclosure Act (LMRDA) provisions have occurred. The parties do not dispute that the Union's disclaimer of interest caused Rubber Associates' withdrawal from the Fund. - Today, the United Food and Commercial Workers International Union (UFCW), announced its opposition to a multiemployer pensions proposal from U.S. Senate Finance Committee Chairman Charles Grassley and U.S. Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander. National Pension Fund Facts 309 New Retirees as of March 1, 2023 More than 85% of all retirees have Electronic Funds Transfer of their Pension Benefit Participating Local Unions across the United States National Pension Fund established 1965 TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Thereafter, the Union went on strike. For additional information, you may visit their website at www.anthem.com/northside. & Energy Workers v. Nat'l Indus. at 2627. The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United States. UFCW Unions & Employers Health & Welfare Fund Atlanta ("Atlanta Fund") is located in Atlanta, Georgia. 282 0 obj <> endobj If you just started a new job or just started with us, congratulations and welcome to the family. The Union proposed a $2,000 signing bonus for each employee, increased employer healthcare costs, and a modification of management rights that would allow Union employees to determine the rubber that the company would use. Likewise, Rubber Associates' predictive chain of events (i.e., that unions will force more union-mandated withdrawals, which will discourage employers from entering into or staying in multiemployer plans, and therefore plans will be worse off financially), does not address how the policy of ERISA will be promoted by creating special liability calculations for union-mandated withdrawals. For example, under certain conditions, the employer will either not incur any withdrawal liability or will have reduced withdrawal liability if it ceases contributing to a plan due to a sale of its assets to another employer. UFCW members are employed in many different industries, but concentrated in retail food, meatpacking, poultry, and other food processing industries. All rights reserved. K NN;i( `IZ8 D}?sKT16Gd)Hd5BmXuQ^}^ Thank you for being a part of the United Food and Commercial Workers International Union. More than 85% of all retirees have Electronic Funds Transfer of their Pension Benefit, Participating Local Unions across the United States. Federal Mediation and Conciliation Service. LEARN MORE UFCW Unions and Employers Legal Assistance Fund The Pension Fund covers 23 Local Unions across 17 states, 29 contributing employers, 223,423 participants, 47,453 retired pensioners. These purposes would not be fulfilled by allowing employers to seek equitable relief from their withdrawal liability, even in the event of a union-mandated withdrawal. 1384; id. Welcome to the UFCW Pension Information System View your personal pension records, including profile, contributions, and accrued benefits. The PBGC complied, and in 1991 issued its study on union-mandated withdrawals (the Report).2 The Report stated that a complete withdrawal occurs when an employer permanently ceases to have an obligation to contribute under the plan or permanently ceases all covered operations under the plan. Id. Unfortunately for Rubber Associates, litigants are often left without remedy. In support, Rubber Associates cites several cases for the general proposition that the PBGC's interpretation of ERISA must be considered. 'https://':'http://') + 'secure.wufoo.com/scripts/embed/form.js'; s.onload = s.onreadystatechange = function() { var rs = this.readyState; if (rs) if (rs != 'complete') if (rs != 'loaded') return; try { xti77mu0yuyuar = new WufooForm(); xti77mu0yuyuar.initialize(options); xti77mu0yuyuar.display(); } catch (e) { } }; var scr = d.getElementsByTagName(t)[0], par = scr.parentNode; par.insertBefore(s, scr); })(document, 'script'); All hours are EST for New Jersey office and PST for California office. Whenever American families sit down to share a meal, chances are, most of what theyll eat has passed through the hands of the more than one million UFCW members who work in these industries. The district court granted the Fund's motion to dismiss Rubber Associates' counterclaim, holding that Rubber Associates failed to state a claim for relief because [t]he Sixth Circuit has not heretofore recognized a claim under the federal common law of ERISA for equitable relief in the case of union-mandated withdrawals, and this Court finds no basis for doing so. United Food & Commercial Workers UnionEmployer Pension Fund v. Rubber Associates, Inc., No. When considering a motion to dismiss, this court must accept all well-pleaded factual allegations of the [counterclaim] as true and construe the [counterclaim] in the light most favorable to the [claimant]. Reilly v. Vadlamudi, 680 F.3d 617, 622 (6th Cir.2012) (quoting Dubay v. Wells, 506 F.3d 422, 426 (6th Cir.2007)). at 15, Page ID 102. 1381(b)(1)). Congress enacted ERISA to ensure that if a worker has been promised a defined pension benefit upon retirementand if he has fulfilled whatever conditions are required to obtain a vested benefithe actually will receive it. Id. Win whats next. at 2829. Each UFCW member belongs to a local union that serves their specific area. ? Unlike Political Action Committees, which are strictly regulated by the Federal Election Commission, 527s are regulated by the IRS. Find your local union - The United Food & Commercial Workers International Union | The United Food & Commercial Workers International Union Start a Union Members Find your local union The UFCW has local union offices all across the contiguous United States, Alaska, Hawaii, Puerto Rico, and Canada. M Cqs's^!%ns_$5`s}ws\2]3L5_`i More on how we make work better How to get better wages and benefits Right to work laws vs real job security The district court dealt with this claim by finding that the factual allegations do not support a claim for relief and distinguishing Colteryahn from the instant case. The Union responded with its final offer, which included a $1,000 signing bonus and wage increases for some employees. The United Food and Commercial Workers Union is North Americas largest and strongest private sector union. zJDybv*Ly-%1W7$ * ,gqq~VzdTad^xV+;)B?&fW^%- Despite its ultimate recommendation that Congress take no action on this matter, the PBGC suggested rules for Congress to enact if it nonetheless decided to legislate special rules for union-mandated withdrawals. The strength of our union is our members, and the UFCW is committed to improving their lives every single day. Holding that an employer is entitled to equitable relief when faced with a union-mandated withdrawal is not essential to promote the fundamental policy of ERISA: ensuring that private-sector workers would receive the pensions that their employers have promised them. DiGeronimo, 763 F.3d at 513 (citing Concrete Pipe & Prods. Click the name of the fund to learn more. Our Executive Team brings a wealth of experience and leadership to the day-to-day operations of UFCW Unions & Employers Benefits Administration, LLC. Please note that a single case may fall into multiple allegation categories. ERISA comprehensively addresses how withdrawal liability may be determined and provides four statutory methods for calculating withdrawal liability. of W. Conference of Teamsters Pension Trust Fund v. Thompson Bldg. The hospital is in-network, the doctor who treats her is in-network, but the radiologist is out-of-network. N |Vm]D^ut^:WQE A Ua`q(:3(HM \z_{}et The PBGC issued a report in 1978, finding that ERISA did not adequately protect plans from the adverse consequences that resulted when individual employers terminate their participation in, or withdraw from, multiemployer plans. Gray, 467 U.S. at 722. -jp2h ihdr colr jp2cOQ ) R \ #B@ H H P H H P H H P H H P H H P The Court majority found Lets say your child broke her arm and you head to the emergency room. If you just started a new job or just started with us, congratulations and welcome to the family. Rubber Associates counterclaimed and contended that the district court should utilize its equitable power to reduce such assessment to the amount required only to pay Rubber Associates' share of withdrawal liability in order to fund the costs of pension benefits for its own employees via the so-called direct attribution method as specified for such situations. DE 5, Answer at 4, Page ID 52. To see a list of these Trustees and the other professional who serve the fundclick here. United Food and Commercial Workers Local 152 Benefit Funds Retail Meat Pension Fund Note: The Independent Packing Houses (IPH) Pension Fund has merged into the United Food and Commercial Workers Union Local 152 Retail Meat Pension Fund The assets of the fund are managed and governed by the board of trustees. The Pension Fund covers 23 Local Unions across 17 states, 29 contributing employers, 223,423 participants, 47,453 retired pensioners. More than 90% of union workers have retirement savings and union employers chip in 56% more to retirement than non-union workplaces. A union contract is an agreement between the employer and the union, and has been voted on and accepted by the majority of the union membership covered by the contract. The Office of Labor-Management Standards (OLMS) requires unions to report how they spent their money in a number of categories. We agree with the district court that ERISA contains a comprehensive statutory and regulatory scheme for determining withdrawal liability and is not silent or ambiguous on the subject. Rubber Associates, 2015 WL 778781, at *5. of Calif., Inc. v. Constr. Apparently, the object forbidden by the law in this case was the deprivation of Rubber Associates' legal right to continue participating in the Fund. Id. According to Rubber Associates, failure to remedy a union-mandated withdrawal creates a dangerous imbalance of power between employers, unions and union-dominated pension funds going forward and would actually encourage unions to kick small employers or employers with high employee turnover out of the plan altogether, such that pension funds and unions [could] use withdrawal liability as a weapon against contributing employers or as a funding mechanism. Appellant Br.

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