Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) Pension Fund v. Louis Zahn Drug Co.
Decision Date | 11 December 1989 |
Docket Number | No. 88-2498,88-2498 |
Parties | , 11 Employee Benefits Ca 2177 CHICAGO TRUCK DRIVERS, HELPERS AND WAREHOUSE WORKERS UNION (INDEPENDENT) PENSION FUND and Paul Glover, Plaintiffs-Appellants, v. LOUIS ZAHN DRUG CO., Defendant-Appellee. |
Court | U.S. Court of Appeals — Seventh Circuit |
Martin J. Burns, Stephen B. Horwitz (argued), Jacobs, Burns, Sugarman & Orlove, Chicago, Ill., for plaintiffs-appellants.
Ira Gould (argued), Lawrence I. Davidson, J. Michael Williams, Holleb & Coff, Chicago, Ill., for defendant-appellee.
Before COFFEY, EASTERBROOK, and RIPPLE, Circuit Judges.
The Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) Pension Fund (the Fund) brought an action in the district court to vacate an arbitrator's award in favor of Louis Zahn Drug Company (Zahn). The arbitrator had found Zahn free of withdrawal liability to the Fund under certain provisions of the Employee Retirement Income Security Act of 1974 (ERISA) as amended by the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA). Zahn responded by filing a motion for summary judgment. The district court referred Zahn's motion to a magistrate. The magistrate recommended that the arbitrator's award stand. The district court adopted the magistrate's Report and Recommendation and granted Zahn's motion for summary judgment. The Fund 1 now appeals the district court's order granting summary judgment. For the following reasons, we affirm.
In Robbins v. Lady Baltimore Foods, Inc., 868 F.2d 258, 261 (7th Cir.1989), Judge Kanne, writing for the court, succinctly explained the statutory scheme governing the liability of an employer who withdraws from a multi-employer pension plan:
MPPAA was enacted by Congress to cure the problems arising when an employer ceased making payments to a pension plan fund. When an employer ceased making such payments, the plan would be left with vested pension obligations which were only partially funded. MPPAA provides that an employer who withdraws from a pension plan covered under it becomes liable for an amount of money designed to cover the employees' share of vested, but unfunded, benefits. 29 U.S.C. Secs. 1381(a), 1382; Robbins v. Admiral Merchants Motor Freight, Inc., 846 F.2d 1054, 1055-56 (7th Cir.1988) and cases cited therein; Robbins v. B & B Lines, 830 F.2d 648, 649 (7th Cir.1987).
Under MPPAA, after the sponsor of a multiemployer plan determines that an employer has "withdrawn" within the meaning of 29 U.S.C. Secs. 1383, 1385, the sponsor must issue a notice and demand for payment of the employer's withdrawal liability. The notice must include a schedule of payments. 29 U.S.C. Sec. 1399(b)(1). Within 90 days after receiving the notice and demand, the employer may ask the plan's sponsor "to review any specific matter relating to the determination of the employer's liability and the schedule of payments," 29 U.S.C. Sec. 1399(b)(2)(A)(i). After a "reasonable review of any matter raised," the sponsor must notify the employer of its decision. 29 U.S.C. Sec. 1399(b)(2)(B).
If the employer disagrees with the plan's sponsor's decision on review, it must initiate arbitration within 60 days after the earlier of the date it is notified of the decision or 120 days after its request for review. 29 U.S.C. Sec. 1401(a)(1).
1. The Arbitrator's Award
The sole issue before the arbitrator was "whether the Nuelson transaction [was] a sale of assets by Zahn within [29 U.S.C. Sec. 1384(a)(1) ], or [whether] the principal purpose of the Nuelson transaction [was] to evade or avoid withdrawal liability under [29 U.S.C. Sec. 1392(c) ]." Arb. Award at 6. The arbitrator determined that Zahn was exempt from withdrawal liability because the Zahn-Nuelson transaction was a "sale of assets" within 29 U.S.C. Sec. 1384 and because the primary purpose of the transaction was not to "evade or avoid" withdrawal liability. Id. at 9. 7
2. Magistrate's Report and Recommendation
Pursuant to 29 U.S.C. Sec. 1401(b)(2), the Fund filed an action in district court to vacate the arbitrator's award. Zahn, in answering the Fund's complaint, moved for summary judgment. The matter was then referred to a magistrate, who issued a written Report and Recommendation in favor of granting summary judgment. The magistrate noted that the standard under which an arbitrator's findings of fact are reviewed is set forth in 29 U.S.C. Sec. 1401(c) and was undisputed: "[b]oth parties agree that the findings of fact made by an arbitrator are presumptively correct and may be rebutted only by a clear preponderance of the evidence." R.36 at 4 [hereinafter Mag. Rep.]. Although the magistrate noted that section 1401(c) does not provide a standard for reviewing the arbitrator's conclusions of law, the magistrate concluded that "[a]n arbitrator's decision will not be overturned due to an error of law committed in the interpretation of the underlying collective bargaining agreement." Mag. Rep. at 5. Rather, a decision will be overturned only "if the arbitrator bases his decision on factors outside his expertise, or where the decision involves a manifest disregard for the law." Id. 8
The magistrate rejected the Fund's argument that the arbitrator's application of 29 U.S.C. Sec. 1384(a) in determining whether Zahn's transaction was a "sale of assets" involved statutory considerations outside his expertise. Id.; see also Jaspan v. Certified Indus. Inc., 645 F.Supp. 998, 1006 (E.D.N.Y.1985) ( ). The magistrate also rejected the Fund's challenge to the arbitrator's findings of facts, concluding that "[t]he Fund's arguments attack the arbitrator's interpretation of the facts rather than point to a preponderance of contradictory evidence." Mag. Rep. at 7. The magistrate then concluded that Id.
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