Central States, Southeast & Southwest Areas Pension Fund v. Behnke, Inc.’s Empirical Analysis

Citation profile

15 federal appellate · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although [the writings obligating the employer] are not collective bargaining agreements, they sufficiently comport with the writing requirement[ ] of ... ERISA”

   4 later decisions quote this exact passage · from the majority
   e.g. 482 F. Supp. 2d 1103 - AMERICAN CLEANERS AND LAUN. v. Textile Processors · 737 F. Supp. 1131 - Painters Trust v. Sandvig-Ostergard, Inc.

2. ““[A] collective bargaining agreement is not dependent on the reduction to writing of the parties’ intention to be bound ... [a]ll that is required is conduct manifesting an intention to abide and be bound by the terms of an agreement.” Gariup v. Birchler Ceiling & Interior Co., 777 F.2d 370, 373 (7th Cir. 1985) (footnote omitted) (quoting Capitol-Husting Co. v. NLRB, 671 F.2d 237, 243 (7th Cir.1982)). The problem with Behnke’s reliance on the oral CBA regarding its obligation to make contributions to Central States, however, is that the LMRA and ERISA require employer contributions to trust funds on behalf of employees to be pursuant to detailed written agreements specifying the employer’s duty to contribute. See McHugh v. Teamsters Pension Trust Fund, 638 F.Supp. 1036 (E.D.Pa.1986) (Fund trustees not bound by alleged oral understandings between' union and management; employer benefit plan agreements, by law, must be written and oral modifications or supple-mentations are invalid) (citing ERISA, 29 U.S.C. § 1102 (a)(1), and LMRA, 29 U.S.C. § 186 (c)(5)(B)); Straub v. Western Union Tel Co., 851 F.2d 1262 (10th Cir.1988) (ERISA precludes oral modification). Accordingly, but for the other written agreements between Behnke and the Union, the provisions of the oral CBA providing for payments to Central States in year one and again, following negotiations with employees, in year two while reserving the right to negotiate the logistics and carrier for future (third-year) health and ”

   3 later decisions quote this exact passage · from the majority
   e.g. Laborers' Pension Trust Fund-Detroit & Vicinity v. Rocwall Co. · 556 F. Supp. 2d 746 - Michigan Electrical Employees Pension Fund v. Encompass Electric & Data, Inc.

3. “Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreement.”

   2 later decisions quote this exact passage · from the majority
   e.g. Board of Trustees of the Plumbers, Pipefitters & Mechanical Equipment Service, Local Union No. 392 Pension Fund v. B & B Mechanical Services, Inc. · 556 F. Supp. 2d 746 - Michigan Electrical Employees Pension Fund v. Encompass Electric & Data, Inc.