Legal Opinion
Railroad Maintenance & Industrial Health & Welfare Fund v. Procut Concrete Sawing Service, Inc.
District Court, C.D. Illinois
Decided May 23, 2011No. Case 09-cv-3001Published
1Opinion of the Court
OPINION
RICHARD MILLS, District Judge:
This case deals with an employer’s obligation to comply with a collective bargaining agreement’s requirement that notice be given by registered or certified mail in order to withdraw from a pension plan.
The Court holds that the notice requirement must be strictly complied with, and that notice via fax is inadequate.
This action arises under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1145.
The Plaintiff, the Railroad Maintenance and Industrial Health and Welfare Fund (“Fund”), is a multiemployer employee benefit plan.
The…
2Cases cited13 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Trade Finance Partners, LLC v. AAR CORP.Court of Appeals for the Seventh Circuit · 2009
- Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust v. Gerber Truck Service, Inc.Court of Appeals for the Seventh Circuit · 1989
- Stephens v. EricksonCourt of Appeals for the Seventh Circuit · 2009
- Smith v. Hope SchoolCourt of Appeals for the Seventh Circuit · 2009
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