Trustees of the Screen Actors Guild-Producers Pension & Health Plans v. NYCA, Inc.

O’SCANNLAIN, Circuit Judge:

We consider whether the Employee Retirement Income Security Act of 1974 allows employee benefit plans to recover unpaid contributions from an employer who is not a party to the applicable collective bargaining agreement.

I

NYCA, Inc., is an advertising agency based in southern California. Along with other advertising agencies, NYCA is party to a collective bargaining agreement (the “Commercials Contract”) with the Screen Actors Guild, a union that represents actors. The Commercials Contract requires signatory advertising agencies, referred to as “producers,” to…