Louisiana Bricklayers & Trowel Trades Pension Fund & Welfare Fund v. Alfred Miller General Masonry Contracting Company

EDITH H. JONES, Circuit Judge:

Although Congress has conferred primary jurisdiction on the National Labor Relations Board (“NLRB”) for most disputes arising in the labor context, the Employee Retirement Income Security Act of 1974 (“ERISA”) established a remedy, enforceable in the district courts, whereby multiemployer plans may recover delinquent contributions from employers obligated to make the payments under the terms of a collective bargaining agreement (“CBA”). Faced with such an ERISA claim, the employer here sought, first, a refuge under the NLRB’s jurisdiction; second, a decision on…