CECO Concrete v. Centennial State Carpenters, No. 15-1021 (10th Cir. 2016)
Annotate this CaseAt issue in this case was whether a construction company that stopped contributing to its employees’ pension plan had to pay withdrawal liability under the Multiemployer Pension Plan Amendment Act (MPPAA). Ceco Concrete Construction, LLC was a party to a collective bargaining agreement (CBA) that required it to contribute to the Centennial State Carpenters Pension Trust, a multiemployer pension plan. After Ceco stopped contributing, the Trust assessed MPPAA withdrawal liability. Ceco disputed the withdrawal liability and initiated arbitration. The arbitrator sided with Ceco, concluding withdrawal liability was improper. Ceco then sued in federal district court to affirm the arbitrator’s decision. The Trust and its Board of Trustees (jointly, “the Plan”) counterclaimed, asking the district court to vacate the arbitrator’s award. The district court granted summary judgment in Ceco’s favor, granted Ceco’s request for costs, and denied Ceco’s request for attorney fees. The Plan appealed the grant of summary judgment; Ceco appealed the denial of attorney fees. After review, the Tenth Circuit concluded the district court erred in its grant of summary judgment by limiting liability to the entities under common control at the time Ceco ceased its obligation to contribute. The award of costs was vacated, and the matter remanded for further proceedings.
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