Division 1181 A.T.U -- New York Employees Pension Fund v. City of New York Department of Education, No. 17-3147 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed the district court's dismissal of the Fund's claims against the DOE for delinquent withdrawal liability payments under the Multiemployer Pension Plan Agreements Act (MPPAA). The court held that the DOE had no obligation to contribute to the Fund under the collective bargaining agreement (CBA) nor its transportation contracts that would render it an employer for the purposes of the MPPAA. Furthermore, the Fund did not adequately plead that the DOE and each of the Contractors were a single employer, and thus the DOE was not bound by the contractors' CBAs as a single employer. Finally, the DOE had no obligation to contribute under 29 U.S.C. 1392(a)(1) and (a)(2).