GCIU-Employer Retirement Fund; Board of Trustees of the GCIU-Employer Retirement Fund, Plaintiffs-Counter-Defendants-Appellees,
Quad/Graphics, Inc., Defendant-Counter-Plaintiff-Appellant.
and Submitted October 10, 2018 Pasadena, California
from the United States District Court for the Central
District of California, Nos. 2:16-cv-03391-ODW-AFM,
2:16-cv-03418-ODW-AFM Otis D. Wright II, District Judge,
Casciari (argued), Seyfarth Shaw LLP, Chicago, Illinois;
Kiran A. Seldon, Seyfarth Shaw LLP, Los Angeles, California;
Anthony T. Ditty (argued), Law Offices of Anthony T. Ditty,
Escondido, California; Valentina S. Mindirgasova, Cornwell
& Baldwin, Escondido, California; for
Before: Andrew D. Hurwitz and John B. Owens, Circuit Judges,
and Gregory A. Presnell, [*] District Judge.
Pension Plan Amendments Act
panel affirmed the district court's judgment against an
employer in an action brought under the Multiemployer Pension
Plan Amendments Act of 1980.
employer withdrew from a multiemployer pension plan after its
employees voted to decertify a union as their bargaining
representative. Under the terms of a collective bargaining
agreement with the union, the employer had been required to
contribute to the plan. At issue was whether the plan
correctly calculated the employer's withdrawal liability
under the MPPAA. Reviewing an arbitrator's decision de
novo, the district court concluded that the plan's
calculation was correct.
the panel held that the plan correctly applied a credit for a
prior partial withdrawal under 29 U.S.C. § 1386(b)
against the employer's complete withdrawal before
calculating the twenty-year limitation on annual payments
provided for in 29 U.S.C. § 1399(c)(1)(B).
panel addressed other issues in a concurrently-filed
HURWITZ, CIRCUIT JUDGE:
the terms of a collective bargaining agreement
("CBA") with the Graphic Communications Conference,
International Brotherhood of Teamsters, Local 826-C (the
"Union"), Quad/Graphics, Inc. ("Quad")
was required to contribute to a multiemployer pension plan,
the GCIU-Employer Retirement Fund ("the Fund").
After the last of Quad's employees voted to decertify the
Union as their bargaining representative in 2011, Quad
completely withdrew from the Fund.
Multiemployer Pension Plan Amendments Act of 1980
("MPPAA"), 29 U.S.C. §§ 1381-1405,
imposes liability on employers withdrawing from pension
plans. The issue in this case is whether, in calculating
Quad's withdrawal liability, the Fund correctly applied a
credit for a prior partial withdrawal. The district court
held that the Fund correctly applied the partial withdrawal
credit set forth in 29 U.S.C. § 1386(b) against
Quad's complete withdrawal liability before calculating
the twenty-year limitation on annual payments provided for in
29 U.S.C. § 1399(c)(1)(B). We agree, and affirm.