Bricklayers, Masons and Plasterers International Union of America, Local Union No. 15, Orlando, Florida v. Stuart Plastering Company, Inc.

WISDOM, Circuit Judge:

Section 302 of the National Labor Relations Act, 29 U.S.C. § 151 et seq., prohibits payments by an employer to labor organizations or to their representatives. One exception, Section 302(c)(5), 29 U.S.C. § 186(c)(5), permits an employer or association of employers to make specified payments to certain “trust [funds] established by such representatives”. Here, a collective bargaining agreement established a schedule of payments for participating employers to make health and welfare payments and pension payments to a union’s health and welfare fund. A trust agreement for…