RESPONDENT:Advanced Lightweight Concrete Company, Inc.
LOCATION:Federal Bureau of Prisons
DOCKET NO.: 85-2079
DECIDED BY: Rehnquist Court (1988-1990)
LOWER COURT: United States Court of Appeals for the Ninth Circuit
CITATION: 484 US 539 (1988)
ARGUED: Nov 10, 1987
DECIDED: Feb 23, 1988
Media for Laborers Health & Welfare Trust Fund for Northern California v. Advanced Lightweight Concrete Company, Inc.
Audio Transcription for Opinion Announcement – February 23, 1988 in Laborers Health & Welfare Trust Fund for Northern California v. Advanced Lightweight Concrete Company, Inc.
John Paul Stevens:
The opinion of the Court in No. 85-2079, Laborers Health and Welfare Fund versus Advanced Lightweight will be announced by Justice Stevens.
In 1980, Congress amended the Employee Retirement Income Security Act to provide trustees of multiemployer benefit plans with an effective federal remedy to collect the delinquent employer contributions.
The special remedy provides that they not only can recover the amount of the delinquency but also prejudgment interest plus liquidated damages and an amount at least equal to that interest and attorney’s fees and costs.
There is no question but the remedy is available when an employer is delinquent in meeting his contractual obligations.
The question in this case is whether the remedy also applies during the period after the expiration of a contract when the employer maybe under duty under the National Labor Relations Act to continue making payments as part of his duty to bargain in good faith.
The Ninth Circuit, in agreement with other Circuits in the country, held that the statute did not apply in that situation, and we affirm that decision for reasons stated in an opinion filed with the Clerk.
Our opinion is unanimous and Justice Kennedy did not participate.