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Thurber v. Western Conference of Teamsters Pension Plan

United States Court of Appeals, Ninth Circuit
Sep 27, 1976
542 F.2d 1106 (9th Cir. 1976)

Summary

holding that a pension contribution to cure a lapse in employment, where it contravened the terms of the collective bargaining agreement, was a violation of Section 302

Summary of this case from Delta Sandblasting Co. v. Nat'l Labor Relations Bd.

Opinion

No. 75-2459.

September 27, 1976.

Thomas H. S. Brucker (argued), of Durning Smith, Seattle, Wash., for plaintiff-appellant.

Noble K. Gregory (argued), of San Francisco, Cal., for defendants-appellees.

Appeal from the United States District Court for the Western District of Washington.

Before HUFSTEDLER and KENNEDY, Circuit Judges, and JAMESON, District Judge.

The Honorable William J. Jameson, Senior United States District Judge for the District of Montana, sitting by designation.


This is an appeal from a summary judgment dismissing appellant's claim for "early retirement" pension benefits under an employer-employee pension plan established pursuant to § 302 of the Labor Management Relations Act of 1947, 29 U.S.C. § 186. We affirm.

Appellant, William H. Thurber, age 64, is a former employee of Snow Peak Dairy, Inc. Appellees are a pension plan and its trustees. Under the terms of bargaining agreements between General Teamsters Local Union 324, of which Thurber was a member, and the Fluid Milk Operators, to which Snow Peak was a signatory, Snow Peak was obligated to make specified contributions to a trust fund on behalf of its employees performing work under the agreements.

Thurber was employed by Snow Peak as a driver-salesman and ice cream maker from January 1, 1952 to February 28, 1974. For the period of May 31, 1959 to October 1, 1962, however, he worked only part time and let his teamster membership lapse. As a result, he was not covered by the bargaining agreement and Snow Peak made no contributions to the pension fund on his behalf during that period. Thurber rejoined the Union on October 1, 1962, and Snow Peak resumed the payments to the pension fund.

During that period Thurber had "another business opportunity" and "decided to make a change" to "another job".

On August 15, 1973, Thurber inquired of Robert Thompson, an employee of the firm retained to administer the Pension Fund, as to his eligibility for early retirement. Thompson advised Thurber that he had suffered a break in service for the period from May 31, 1959 to October 1, 1962, but the break could be "healed" if Thurber could show that he worked more than 600 covered hours during the break period and supplemental employer contributions were made for that period.

Fifteen years of "unbroken service" and 3,000 "covered hours" of work were required for early retirement (at age 55) under the Pension Plan.

Thurber estimated that he had spent 1272 hours making ice cream during the break period. On September 5, 1973, he sent a check for $127.70, which he had co-signed in his capacity as secretary-treasurer of the Snow Peak cooperative, to Thompson as the "Teamster Pension contribution" for the purpose of "healing the break in my Teamster Pension contribution."

In a meeting on September 26, 1973, Thurber told Thompson that if he was eligible for retirement he intended to sell his cooperative interest in Snow Peak, which also represented his right to employment. Thompson advised Thurber that he thought the break had been "healed" and that everything appeared to be in order. Thurber applied for early retirement at that meeting.

On October 30, Thurber sold his stock in Snow Peak. On November 8, the administrator cashed the check for the contribution to cover the break in service. On November 12, Thurber wrote Thompson that the stock had been sold.

On February 7, 1974, Thurber received a letter from another employee of the administrator informing him that he was not eligible for early retirement. Although Thurber is still eligible for regular retirement at age 65, the sale of the stock left him unemployed. This suit followed.

The regular retirement benefit will also probably be less than the benefit claimed here.

In the district court appellant offered two theories to support his claim: (1) the supplemental contribution healed any break in union employment, and (2) the Pension Plan is estopped to deny his eligibility for the pension because of the representations of Thompson and others, upon which Thurber relied. While not abandoning the first theory, on this appeal appellant argues only the second theory.

In granting the defendant's motion for summary judgment and dismissing the action, the district court held that (1) it would be illegal for the Pension Fund to receive retroactive contributions from Snow Peak and (2) likewise illegal to pay benefits to an employee based upon the illegal contribution; and (3) that the "doctrine of estoppel cannot be invoked to compel defendants to do an illegal act."

Appellant argues first that estoppel is governed by state law. It is clear, however, that the action arises under a federal statute, i.e., § 301(a) of the Labor Management Relations Act of 1947, 29 U.S.C. § 185. Where federal statutes determine rights and liabilities, the federal common law, rather than state law, is controlling with respect to whether the defense of estoppel is available. Sola Electric Co. v. Jefferson Co., 317 U.S. 173, 176, 63 S.Ct. 172, 87 L.Ed. 165 (1942).

Section 302 of the Labor Management Relations Act of 1947, 29 U.S.C. § 186, pursuant to which the pension fund was established, provides in pertinent part:

"(a) It shall be unlawful for any employer or association of employers * * to pay, lend, or deliver, or agree to pay, lend, or deliver, any money or other thing of value —

"(1) to any representative of any of his employees who are employed in an industry affecting commerce;

* * * * * *

"(c) The provisions of this section shall not be applicable * * * (5) without respect to money or other thing of value paid to a trust fund established by such representative, for the sole and exclusive benefit of the employee of such employer, and their families and dependents * * *: Provided, That * * * (B) the detailed basis on which such payments are to be made is specified in a written agreement with the employer * * *."

Federal regulation of employee benefit trusts under § 302(c)(5)(B) was premised on the purpose of insuring that the trust funds were not tampered with or used for illicit purposes. See Alvares v. Erickson, 514 F.2d 156, 164 (9th Cir. 1975). In accord with this purpose the Second Circuit, in a well considered opinion, held that " any payment made by an employer to an employee representative, and this includes trustees administering a pension trust fund . . . and the receipt of such payments by an employee representative are absolutely forbidden unless there is a written agreement between the employer and the union specifying the basis upon which the payments are made. . . . The reason for the rigid structure of Section 302 is to insure that employer contributions are only for a proper purpose and to insure that the benefits from the established fund reach only the proper parties." Moglia v. Geoghegan, 403 F.2d 110, 116 (2 Cir. 1968), cert. denied 394 U.S. 919, 89 S.Ct. 1193, 22 L.Ed.2d 453 (1969).

Moglia had been a member of a local union, and his employer had made regular contributions on his behalf to the union's pension fund. The claim of Moglia's widow was rejected because the employer had never signed a collective bargaining or pension trust agreement with the union. In rejecting the claim the court noted that, "Only employees and former employees of employers who are lawfully contributing to a union pension trust fund may qualify as beneficiaries of a Section 302 trust". 403 F.2d at 116.

The court recognized that its "construction of Section 302 may work a hardship in the instant case" and noted that its holding did "not preclude appellant from pursuing any other remedies that may be available to her." The same is true here.

The claimant in Moglia also urged equitable estoppel as a basis for allowing pension benefits, arguing that the trustees having accepted the employer's contributions on Moglia's behalf for 12 years were estopped from denying pension benefits to Moglia's widow. In rejecting this contention the court said in part:

"The statutory requirement of a written agreement is not a minor technicality which may be dispensed with when, there being no written agreement, the acts of one party may be said to stop him from defending on that ground. A written agreement is necessary before payments may be made under the section. As compelling and as appealing as appellant's case is, the structure of the section and the Congressional intent underlying the section preclude any judicial inroads into its rigid, specific requirements." 403 F.2d at 117.

In the instant case there was of course a written agreement. It did not, however, contain any provision authorizing the employer to make contributions for the purpose of "curing" or "healing" breaks in service. We agree with the district court that it was illegal for the Pension Fund to receive the retroactive contribution in an attempt to heal the break in service. It would likewise be illegal for the Fund to pay benefits to Thurber based upon the illegal retroactive contribution. The diversion of contributions made on behalf of covered employees outside the terms of the trust would contravene § 302's requirement that contributions to a trust fund must be made "for the sole and exclusive benefit of the employees of [the] employer, and their families and dependents."

The fact that Thurber relied on representations of an employee of the firm retained to administer the trust fund would not estop the Pension Fund and its trustees from denying Thurber's eligibility for the pension. The rights of other pensioners must be considered, and the trust fund may not be deflated because of the misrepresentation or misconduct of the Administrator of the fund. We agree with the district court that the doctrine of estoppel may not be invoked to compel an illegal act.

As noted supra, this holding would not preclude Thurber from pursuing any other remedy which might be available to him.

Affirmed.


Summaries of

Thurber v. Western Conference of Teamsters Pension Plan

United States Court of Appeals, Ninth Circuit
Sep 27, 1976
542 F.2d 1106 (9th Cir. 1976)

holding that a pension contribution to cure a lapse in employment, where it contravened the terms of the collective bargaining agreement, was a violation of Section 302

Summary of this case from Delta Sandblasting Co. v. Nat'l Labor Relations Bd.

holding in an analogous context that an employee's reliance on advice from a pension administrator did not estop the pension fund from denying benefits because “[t]he rights of other pensioners must be considered, and the trust fund may not be deflated because of the misrepresentation or misconduct of the Administrator of the fund”

Summary of this case from Gabriel v. Alaska Elec. Pension Fund

holding in an analogous context that an employee's reliance on advice from a pension administrator did not estop the pension fund from denying benefits because “[t]he rights of other pensioners must be considered, and the trust fund may not be deflated because of the misrepresentation or misconduct of the Administrator of the fund”

Summary of this case from Gabriel v. Alaska Elec. Pension Fund

holding in an analogous context that an employee's reliance on advice from a pension administrator did not estop the pension fund from denying benefits because “[t]he rights of other pensioners must be considered, and the trust fund may not be deflated because of the misrepresentation or misconduct of the Administrator of the fund”

Summary of this case from Gabriel v. Alaska Elec. Pension Fund

holding that doctrine of estoppel may not be invoked to compel an act that would not be in compliance with § 302(c)(B)

Summary of this case from Ariz. Laborers Etc. v. Conquer Cartage Co.

In Thurber we simply observed that the "holding would not preclude Thurber from pursuing any other remedy which might be available to him."

Summary of this case from Moran v. Aetna Life Ins. Co.

In Thurber v. Western Conf. of Teamsters Pens. Plan, 542 F.2d 1106 (9th Cir. 1976) (per curiam), this court held that a benefit plan could not be equitably estopped from denying benefits if payment would be inconsistent with the written plan.

Summary of this case from Davidian v. S. California Meat Cutters Union

In Thurber v. Western Conference of Teamsters Pension Plan, 542 F.2d 1106 (9th Cir. 1976), the court held that the federal law of estoppel may not be applied to compel a section 302 retirement pension fund to pay benefits to someone determined to be ineligible under the provisions of the plan agreement.

Summary of this case from Aitken v. IP & GCU-Employer Retirement Fund

In Thurber v. Western Conference of Teamsters Pension. Plan, 542 F.2d 1106 (9th Cir. 1988), the Ninth Circuit held that a benefit plan could not be equitably estopped from denying benefits if payment would be inconsistent with the written plan.

Summary of this case from Sanchez v. Takecare Insurance Company

In Thurber v. Western Conference of Teamsters Pension Plan, 542 F.2d 1106 (9th Cir. 1976) (per curiam) the Ninth Circuit held that a benefit plan could not be equitably estopped from denying benefits if payment would be inconsistent with the written plan. Thurber pointed out that payment contrary to the provisions of the written agreement would have been illegal because it would represent a "diversion of contributions made on behalf of covered employees outside the terms of the trust."

Summary of this case from Filary v. General American Life Ins. Co.

In Thurber v. Western Conference of Teamsters Pension Plan, 542 F.2d 1106 (9th Cir. 1976), the Ninth Circuit rejected an estoppel claim based on representations by the Administrator of the pension fund that a break in service could be "healed" by retroactive contributions.

Summary of this case from Torrence v. Chicago Tribune Co., Inc.

In Thurber, the court held that an employee's reliance on representations made by the trust fund administrator could not be utilized to estop the pension fund from denying the employee's claim for benefits.... Thurber is dispositive of the estoppel issue before this Court, and has been followed....

Summary of this case from Peterson Const. v. Carpenters Health Fund

In Thurber v. Western Conf. of Teamsters Pens. Plan, supra, 542 F.2d 1106, Thurber did not (as Gaylord Malone did) have the required 15 years of covered employment before his "break-in-service."

Summary of this case from Malone v. Western Conf. of Teamsters Pension Trust
Case details for

Thurber v. Western Conference of Teamsters Pension Plan

Case Details

Full title:WILLIAM H. THURBER, PLAINTIFF-APPELLANT, v. THE WESTERN CONFERENCE OF…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 27, 1976

Citations

542 F.2d 1106 (9th Cir. 1976)

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