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Maxwell v. Lucky Const. Co., Inc.
545 F. Supp. 213 (C.D. Cal. 1982)2 Citing cases
Shaw v. Int'l Ass'n of M. A. W Pension Plan
750 F.2d 1458 (9th Cir. 1985) Cited 78 timesHolding that "living pension benefits" are accrued benefits
Wessel v. Buhler, 437 F.2d 279, 284 (9th Cir. 1971). See also Maxwell v. Lucky Construction Co., 545 F. Supp. 213, 215-16 (C.D.Cal. 1982). The district court in this case explicitly balanced the equities:
Maxwell v. Lucky Const. Co., Inc.
710 F.2d 1395 (9th Cir. 1983) Cited 27 timesHolding that employer must make full contributions promised in agreement even though employer had paid, and could not recoup, an identical sum to another pension plan based on an oral agreement with union, and employees would get their benefits from that other plan
Lucky Construction Company [Lucky] appeals from a judgment finding it in breach of a collective bargaining agreement entered into with the International Union of Operating Engineers, Local No. 12. Suit was initiated against Lucky under § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a) (1976), by the trustees of the Operating Engineers' fringe benefit funds. The trustees successfully claimed that Lucky was delinquent in making required payments to the trusts on behalf of a Lucky employee, John Sampson. The District Court awarded to the trusts $12,410 in damages and $15,306 in attorney's fees. 545 F. Supp. 213. Lucky contests both the District Court's finding of delinquency and the amount of the District Court's award of attorney's fees. We affirm the finding of delinquency and modify the award of fees.