GCIU-Employer Retirement Fund v. Quad/Graphics, Inc., No. 17-55667 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's judgment against Quad in an action brought under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA). In this case, after the last of Quad's employees voted to decertify the union as their bargaining representative, Quad completely withdrew from the fund. The panel held that the Fund correctly applied the partial withdrawal credit pursuant to 29 U.S.C. 1386(b) against Quad's complete withdrawal liability before calculating the twenty-year limitation on annual payments provided for in 29 U.S.C. 1399(c)(1)(B).
Court Description: Multiemployer Pension Plan Amendments Act The panel affirmed the district court’s judgment against an employer in an action brought under the Multiemployer Pension Plan Amendments Act of 1980. The employer withdrew from a multiemployer pension plan after its employees voted to decertify a union as their bargaining representative. Under the terms of a collective bargaining agreement with the union, the employer had been required to contribute to the plan. At issue was whether the plan correctly calculated the employer’s withdrawal liability under the MPPAA. Reviewing an arbitrator’s decision de novo, the district court concluded that the plan’s calculation was correct. Affirming, the panel held that the plan correctly applied a credit for a prior partial withdrawal under 29 U.S.C. § 1386(b) against the employer’s complete withdrawal before calculating the twenty-year limitation on annual payments provided for in 29 U.S.C. § 1399(c)(1)(B). The panel addressed other issues in a concurrently-filed memorandum disposition.
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