Teamsters Local Union No. 705 v. Burlington Northern Santa Fe, LLC

SYKES, Circuit Judge.

Berkshire Hathaway, Inc., owns a group of railway companies affiliated with the Burlington Northern Santa Fe railroad, which in turn owns the Corwith Intermo-dal Rail Yard in Chicago. (For simplicity, we refer to these companies and their corporate parent as “the Railroad”) From 2000 to 2010, the Railroad used an independent contractor, Rail Terminal Services, Inc. (“RTS”), to operate Corwith. The Teamsters Local Union No. 705 represented RTS’s employees, who were covered by the union’s health-and-pension plan. The Railroad contributed to the plan, as required by its…