Health and Welfare Plan Withdrawal Liability (?)

[jpod]

Just ran into a situation where a multiemployer welfare fund is assessing w/l against an employer who is leaving the plan and putting the participants into its own plan. The fund is saying that the employer is bound by the terms of the trust agreement for the fund - which the employer didn't sign or "join" in any way - that establishes a regime for imposing w/l on withdrawing employers who had agreed in their cbas to contribute to the fund. Is there any case law on this?

[Brian Haynes]

Check Watsonville Frozen Food, 877 F.2d 1415 and Wisconsin UFCW Unions, 348 F.Supp.2d 1005.