This trust fund is a multiemployer pension plan as defined by subsections 3(2) and (37) (A) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. As of January 1, 2019, your Plan is the largest multiemployer pension plan in the United States. But there simply was no confusion as to the actual contents of the agreement. Where to Call or Write | The Western Conference of Teamsters Pension Trust Sort:Default. Pension Benefits - Teamsters | SOUTHWEST ADMINISTRATORS, INC. United States v. One 1977 Mercedes Benz, 708 F.2d 444, 452 (9th Cir. 2d 553 (1984). The former induces a party to assent to something he otherwise would not have; the latter induces a party to believe the nature of his act is something entirely different than it actually is. Id. When the trust fund brought an action to collect pension fund contributions owing under the agreement, we held he was not obligated to make such payments as he had reasonably relied on the union's representation that he was signing a document of a wholly different nature. However, on February 16, 1983, the trustees of the Western Conference of Teamsters Pension Fund, voted to deny the request to forgive the unpaid contributions. Accordingly, the unambiguous terms of a collective bargaining agreement providing for employee benefit contributions should prevail in all but the most compelling of circumstances. Stephen P. Pepe, O'Melveny & Myers, Peter Marx, Los Angeles, Cal., for defendant/appellant. Southwest Administrators Teamsters in Los Angeles, CA. You can explore additional available newsletters here. Elected Officials Urge Company to Follow Labor Law, Deliver an Agreement, TEAMSTERS RATIFY INDUSTRY-LEADING CONTRACT AT UNITED AIRLINES, HONORING DR. KING AND THE FIGHT FOR LABOR DIGNITY, TEAMSTERS LOCAL 104 ENDORSES RUBEN GALLEGO FOR US SENATE. The Western Conference of Teamsters Pension Plan assumed responsibility for administering the Western States Food Plan. It is not an abuse of discretion to deny an application for impleader where it will disadvantage the existing action. It covers 200,000 active participants through pension agreements negotiated by Teamster local unions with more than 1,600 employers predominantly in 13 Western states. We value your time, so appointments are not required but will greatly assist in our ability to assist you without unreasonable delay. Thus, Rozay's Transfer argues, the settlement agreement bars the trust fund's claim for delinquent contributions. 1985), cert. Plumbers And Steamfitters Defined Contribution And 401(k) Plan Of Texas. Whether certain contract defenses are available in an action to recover delinquent trust fund contributions is a question of law. TEAMSTERS LOCALS 63, 396 & 495 : Southwest Administrators, Inc Covina Office: 1986). 8 a.m. to 4 p.m. PT (excluding holidays). Past Employment and Intermediate Employment, Employer-Union Pension Certification Form. Apparently the parties believed it was not possible simply to draft a collective bargaining agreement providing for prospective-only payment of contributions to the pension fund. Call Us: Click here for details. Terms of Service apply. This subsequent judgment in the related case does not affect our conclusion in the instant case. Consequently, the express written terms of the bargaining agreement, providing for full pension fund contributions for the disputed period, must be enforced, notwithstanding any oral understandings to the contrary. To help you continue making good decisions during retirement, pleasevisit our library of resources for retirees. After a one day bench trial, the district court held that the trust fund's right to enforce the express terms of the collective bargaining agreement, requiring pension fund contributions for the contested period, was not impaired by the union official's oral misrepresentations. Dun & Bradstreet, Inc. 2023. 1443, at 208. Southwest Administrators, Inc. v. Rozay's Transfer, a California In 1980, Congress amended ERISA by adding section 306(a), 29 U.S.C. 1981), later appeal, 767 F.2d 589 (9th Cir. Pressroom Northwest Administrators- Teamsters & Retirees January 27, 2023 NORTHWEST ADMINISTRATORS, INC. NWA is open to assist plan participants in our offices. Western Conference of Teamsters Pension Trust. In support of this argument, Rozay's Transfer presents excerpts from letters written by the trust. All of the Plan benefits and improvements explained on this web site are made possible by the contributions of employers negotiated through the ongoing efforts of the Teamster local unions. Southwest Administrators, Inc., Plaintiff/appellee, v. Rozay's Transfer Calamari & J. Perillo, The Law of Contracts Sec. Get free summaries of new Ninth Circuit US Court of Appeals opinions delivered to your inbox! As section 403(c) (2) (A) (ii) of ERISA, 29 U.S.C. Learn Teamsters Local 572 | California Labor Union | H&W Find a Great First Job to Jumpstart Your Career, Getting a Job Is Tough; This Guide Makes it Easier, Stand Out From the Crowd With the Perfect Cover Letter, How to Prepare for Your Interview and Land the Job. 1957). Get started with your Free Employer Profile, Customer Service Representative (Eligibility), The Ultimate Job Interview Preparation Guide. 1488, at 332 (3d ed. The district court did find that Rozay had been "fraudulently induced" by Murrietta to sign the collective bargaining agreement, and that there had been no "meeting of the minds" on the issue of the retroactive pension fund contributions. 29 U.S.C. CV 84-8313 MRP (Bx) (C.D. TEAMSTERS LOCAL 104 ENDORSES RUBEN GALLEGO FOR U.S. National Master United Parcel Service Agreement, Southwest Package Rider / Southwest Sort Rider, Western Conference of Teamsters Pension Rep Visit, Western Conference of Teamsters Pension Rep Visit TUCSON, Teamsters Local 104 Endorses Ruben Gallego for U.S. Senate, Western Conference of Teamsters Pension Trust. Pension: 2nd & 4th Tuesdays : TEAMSTERS LOCAL 186: Health & Welfare: . Plan updates and your annual Internal Revenue Service Form 1099R or Form 1042S are mailed to your home address. Visit our. Search job openings at Southwest Service Administrators. Start the process of applying for Retirement, Disability, or Survivor Benefits here. 1145. See 1 Williston on Contracts Sec. Rozay's Transfer urges us to read the settlement agreement as addressing the delinquent contributions dispute implicitly through its very silence. 1983). Privacy Policy and 2023 Mackinac Center for Public Policy, Administration, Professional,and Transportation, Administration, Custodial, Food,and Office, Administration, Office,and Transportation, Custodial, Professional, Transportation,and Otherstaff. Now you can log in to a secure, private website to get benefit payment information, update direct deposit and tax elections, view and print tax documents and more. Box 568 We review de novo a district court's conclusions of law. Stronger Members. CLOSED NOW. This database contains PDF copies of each Michigan districts collective bargaining agreements for teachers, bus drivers, aides, office staff and other employees. Rozay's Transfer has not alleged that an impasse was reached in its negotiations with Local 208. If you prefer to meet by telephone or video conference, give us a call and we will schedule a time if we cannot offer immediate assistance. It was the established policy of the Western Conference of Teamsters Pension Trust Fund not to accept contributions made under any collective bargaining agreement which provided for a "gap" in contributions. EACH COMPANY IS SOLELY RESPONSIBLE FOR ITS FINANCIAL CONDITION AND CONTRACTUAL OBLIGATIONS. 9-22, at 293; J. more about organizing your workplace. Id. Fraud in the execution results in the agreement being void ab initio, whereas fraud in the inducement makes the transaction merely voidable. (D) reasonable attorney's fees and costs of the action, to be paid by the defendant. You're all set! Maxwell v. Lucky Construction Co., Inc., 710 F.2d 1395, 1397 (9th Cir. "Fraud in the execution" arises when a party executes an agreement "with neither knowledge nor reasonable opportunity to obtain knowledge of its character or its essential terms." Employee Email, Cemetery records regarding ownership of lots and burial records, Establishing a New Account and Making Changes to an Existing Account, Airport Joint Operations and Management Board, Do you want to pay a bill online? Southwest Service Administrators Teamsters Western Region & Local 177 Health Care Plan (UPS) (855) 215-2039 Teamster Privilege Benefits Pensions PERS Northwest Administrators Teamsters 401 (k) Western Conference of Teamsters Pension Trust Sign Up for Teamsters Local 572's Newsletter for Upcoming News and Events Teamsters Local 572 Job Details Job Location Richardson, TX - Richardson, TX Position Type Full-Time Travel Percentage Up to 50% Job Shift Day Job Category Management Description COVID-19 vaccination required as a condition of employment. southwest administrators teamsters pension The Supplemental Plan is provided at no charge to retirees; the participating employers . 186(c) (5). 1977). best platform games ranked; which is more expensive honda civic or accord; once upon a thyme chehalis menu; a dental assistant registration may be revoked If the Prudential Financial representatives cannot help you, they will connect you to someone who can. DENIAL OF LEAVE TO IMPLEAD UNION AS THIRD-PARTY DEFENDANT. By accessing the WCTPT website, you accept its terms and conditions. The employer must maintain the benefits and conditions of employment under the expired agreement until the parties negotiate a new agreement or bargain in good faith to impasse. AVAILABILITY OF CONTRACT DEFENSES IN PENSION FUND COLLECTION ACTION. Company Information; FAQ; Stone Materials. In sum, the misrepresentation by the union went to Rozay's inducement to enter the agreement, rather than to his understanding of the basic nature of the transaction. Pension Analyst - AZ: Southwest Service Administrators: Phoenix, AZ: $35K-$40K: Accounts Payable/Receivable Data Entry Clerk - AZ: Southwest Service . Treasurer. 584 Profit Sharing Plan, Central Texas Health & Benefit Trust Fund, Plumbers and Pipefitters 286 Health and Welfare Fund, Plumbers & Steamfitters Local Union No. Before WALLACE, PREGERSON, and BEEZER, Circuit Judges. Rozay's Transfer contended that its obligation to make pension fund contributions dated only from March 8, 1983, when the collective bargaining agreement was signed. Moreover, even if the obligation to make those contributions had not existed before, Rozay's Transfer affirmed that obligation by executing the renewed collective bargaining agreement which mandated contributions to the trust fund retroactive to September 30, 1981. Laborers Health and Welfare Trust Fund, 779 F.2d at 500 & n. 3; American Distributing Co., Inc. v. NLRB, 715 F.2d 446, 449 (9th Cir. 728 F.2d at 1263-64, 1265. Go to the Plan Documents page or click here to view this document issued in October 2021. About Search Results. Call Us: 1-800-336-3387 Monday through Friday 8 a.m. to 4 p.m. PT (excluding holidays) By accessing the WCTPT website, you accept its terms and conditions. TEAMSTERS LOCAL 63: Pension: . On July 2, 1986, the district court entered judgment in favor of Rozay's Transfer granting rescission of the collective bargaining agreement and awarding indemnification from Local 208 for contributions owing to the trust fund as a result of the union's fraudulent misconduct. elgin mental health center forensic treatment program. Contact Prudential Financial at their toll-free number (800) 336-3387 as soon as you are aware of your new address. Other Information | The Western Conference of Teamsters Pension Trust Why Join Us | Member Resources Access your documents and benefits, update information, or report a grievance. 1983), cert. 1984) ("Bjorklund "). In recognition of the fact that millions of workers depend upon employee benefit trust funds for their retirement security, Congress and the courts have acted to simplify trust fund collection actions by restricting the availability of contract defenses, which make collection actions unnecessarily cumbersome and costly. Waggoner, 649 F.2d at 1366. Be sure to update your WCT Pension Plan address. 6 C. Wright & A. Miller, supra Sec. denied, 464 U.S. 1071, 104 S. Ct. 981, 79 L. Ed. Western Conference of Teamsters Pension Trust. However, the court did grant summary judgment against Rozay's Transfer on the counter-claim to recover contributions paid after the expiration of the old agreement.2. II STANDARD OF REVIEW We accept the district court's findings of fact because they are not clearly erroneous. WCTPT representatives are available over the phone Monday-Friday, 8:00 a.m.-5:00 p.m. PDT at 1-800-531-1489 to answer any questions or to schedule an interview over the phone. In this section of the website you will find many useful documents and have access to online resources. 1983). | Southwest Administrators, Inc. has 300 employees and estimated revenues of $12,300,000.00. See Operating Engineers Pension Trust v. Gilliam, 737 F.2d 1501, 1502 (9th Cir. 1002(2), (37) (A). For an employer to be obligated to make employee benefit contributions to a trust fund, there must exist a binding collective bargaining agreement. * Please make sure to use the latest browser version. Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust v. (1989) In Re Teamsters Industrial Employees Welfare Fund Teamsters Industrial Employees Pension Fund (1993) C. Victor Benson, Robert Corbett, Arthur Eisenberg, Jeffrey S. Morgan, James O'COnnOr (1990) Lusardi Construction Co. v. Aubry (1992) However, the full text of those letters indicates that the trust was merely summarizing federal law which requires contributions to be made while a current bargaining agreement is in effect or while negotiations are pending:As you are aware, the Trust cannot accept pension contributions unless there is a written labor agreement and Employer-Union Pension Certification in effect requiring such contributions or unless negotiations for a new agreement are pending. 20, at 36 (3d ed. The parties also executed a settlement agreement resolving the NLRB unfair practice complaint and the breach of agreement grievance. Rozay's Transfer characterizes the settlement agreement executed simultaneously with the collective bargaining agreement as an "accord and satisfaction" to resolve the dispute over unpaid contributions. Although the settlement agreement amends the new collective bargaining agreement with respect to certain provisions concerning wages, holiday pay, and sick leave, it leaves the pension fund contribution provisions unaltered. If the third-party complaint is not filed within ten days after the defendant's original answer is served, then, as in the instant case, the defendant must ask the trial court for leave to implead. This program is meant to be an important supplement to your Social Security and other sources of retirement income. 1984). The Supplemental Plan provides an additional annual benefit for retirees already receiving pensions from the Western Conference of Teamsters Pension Plan (the "Primary Plan"). To maintain a defense of fraud in the execution, Rozay's Transfer would have to establish "excusable ignorance of the contents of the writing signed." Plan Forms & Documents | The Western Conference of Teamsters Pension Trust The Account Manager for our TX operation is responsible for full account management for those client(s) and oversees the general office operation with support from the . 2d 890 (1986); see generally Note, An Employer's Implied Cause of Action for Restitution Under Section 403 of ERISA, 54 Fordham L. Rev. at 1266. Tax filing document & Semi annual statement, visit our library of resources for retirees, Tax Filing Documents and Semiannual Statements. James Oswald, Davies, Roberts, Reid & Wacker, Seattle, Wash., for plaintiff/appellee. 2d 442 (1960). Rozay's Transfer remains obligated as a result of this action to pay delinquent contributions to the trust fund under Sec. Our competitive landscape shows how this business compares to similar businesses in their industry and region based on information found in their Dun & Bradstreet Credibility Review profile. Schedule is subject to change. Click here. New Mexico Electricians Retirement Benefit Fund New Mexico State Conference of Plasterers' & Cement Masons' Retirement Benefits Fund Sheet Metal Workers Local 49 DCP/401K Plan. Southwest Service Administrators, Inc. City of Mount Pleasant - 320 W. Broadway - Mt. Provide basic tax withholding information. Click here for details. 1985). Nor does the district court's finding that there was no "meeting of the minds" concerning the retroactive payment of trust fund contributions provide a legitimate defense to the collection action. Rozay's Transfer contends that its bargaining agreement is invalid, because it was the product of fraudulent inducement. 2. International Union of Operating Engineers Local No 501 Stationary. Default; Distance; Rating; Name (A - Z) Sponsored Links. In September, 1982, Local 208 filed an unfair labor practice claim with the National Labor Relations Board (NLRB) charging Rozay's Transfer under 29 U.S.C. The NLRB charge was subsequently amended to include the charge that Rozay's Transfer had unilaterally altered benefits and conditions of employment, including cessation of payments to the pension fund. The defrauded party may recover the property from the bona fide purchaser or avoid honoring the negotiable instrument held by the holder in due course only if the initial transaction was "void" rather than merely "voidable." | IMPORTANT MESSAGE: Due to the coronavirus outbreak, our local union offices and WCTPT Administrative Offices are temporarily closed to in-person interviews with participants. Filter your search results by job function, title, or location. The Plan's Administrative Office is staffed by Southwest Service Administrators, a professional benefits management team dedicated to providing you unparalleled service. Oklahoma. Western Conference of Teamsters Pension Trust. The district court entered judgment for Southwest Administrators in the amounts of $76,133.29 in retroactive pension fund contributions, $15,226.25 in liquidated damages, $25,039.09 in interest, and $6,390.00 in attorneys fees. PRUDENTIAL, THE PRUDENTIAL LOGO AND THE ROCK SYMBOL ARE SERVICE MARKS OF PRUDENTIAL FINANCIAL, INC., AND ITS RELATED ENTITIES, REGISTERED IN MANY JURISDICTIONS. | When Rozay's Transfer ceased making contributions sometime after the expiration of the old bargaining agreement, Local 208 filed an unfair labor practice charge with the NLRB and brought a grievance alleging that the failure to continue making contributions constituted a breach of the expired bargaining agreement. southwest administrators teamsters pension 1984). The district court entered judgment for Southwest Administrators in the amounts of $76,133.29 in retroactive pension fund contributions, $15,226.25 in liquidated damages, $25,039.09 in interest, and $6,390.00 in attorneys fees. Past Employment and Intermediate Employment, Employer-Union Pension Certification Form. 33 Southwest Service Administrators jobs including salaries, ratings, and reviews, posted by Southwest Service Administrators employees. All Rights Reserved. Past Employment and Intermediate Employment, Employer-Union Pension Certification Form. . SOUTHWEST ADMINISTRATORS, INC. - ALHAMBRA, CA - Business Data Download the WCT Pension Plan Document, Summary Plan Description, Agreement & Declaration of Trust, Form 5500, Actuarial Report, PPA Actuarial Certification with Explanation, Annual Funding Notice and Notice to Employers & Unions. | Welcome to the Teamsters Western Region & Local 177 Health Care Plan! 6 C. Wright & A. Miller, Federal Practice and Procedure Sec. He did not advise Rozay of this action. Local 208 also filed a grievance alleging the cessation of contributions to the trust fund violated the collective bargaining agreement. Site Map Rozay's Transfer argues that there was no "meeting of the minds" because Rozay would not have signed the agreement had he known he would be obligated to make retroactive contributions as required under the express terms of the agreement. PENSION PLAN RETIREES. Find a provider using the links below and view plan documents! Contact | The Western Conference of Teamsters Pension Trust 2d 273 (1980); 6 C. Wright & A. Miller, supra Sec. Email Signup J. Michigan School District Collective Bargaining Agreements Southwest Service Administrators, Inc. 1055 Park View Dr. Covina, CA 91724. Local 208 thereafter withdrew the NLRB unfair labor practice charge and the grievance. All rights reserved. See Carpenters Southern California Administrative Corp. v. Russell, 726 F.2d 1410, 1413 (9th Cir. Rozay's Transfer v. Local Freight Drivers, Local 208. 1980). Go to the Plan Documents page to view new year-end 2022 documents issued in the Spring of 2023. However, Murrietta and Anderson represented to Rozay that it was possible on an individual case-by-case basis for the trust fund to grant an employer relief from making up the delinquent payments. Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. Receive a one-time comprehensive credit report on this company. The company is located in Alhambra and incorporated in California. L. Rev. 2d 217 (1984); Rosario v. Amalgamated Ladies' Garment Cutters' Union, Local 10, 605 F.2d 1228, 1247 (2nd Cir. Under section 8(a) (5) of the National Labor Relations Act, 29 U.S.C. | | This section explains what you need to know and do to get the most from your Plan benefits. The settlement agreement executed by Rozay's Transfer and Local 208 states that it resolves all disputes between the parties arising out of the alleged unfair labor practice and provides that the grievance would be withdrawn. 14-9, at 572-75 (2d ed. See Lewis v. Benedict Coal Corp., 361 U.S. 459, 468, 80 S. Ct. 489, 494-95, 4 L. Ed. Find a provider using the links below and view plan documents! It does not replace or affect the normal monthly pension from the Primary Plan. | You already receive all suggested Justia Opinion Summary Newsletters. Instead, the employer discovered that he was ineligible for a pension and, in addition, was required to make contributions on behalf of his part-time employees. On Appeal from the United States District Court for the Central District of California. 221, 228 (1981); see, e.g., Lewis v. Benedict Coal Corp., 361 U.S. at 468-71, 80 S. Ct. at 494-96 (precluding the employer from raising a union's strike in violation of the bargaining agreement as a defense to a trust fund collection action based on the same agreement). A third-party beneficiary's rights are generally subject to any contract defense which the promisor could assert against the promisee if the promisee were suing on the contract. Cal. 1103(c) (2) (A) (ii), expressly permits trust funds to return mistakenly paid contributions, we have held it is appropriate to imply a right of action under ERISA in favor of employers to recover contributions mistakenly paid into a pension trust fund. Id. 1442, at 202-03 (1971). Federal Rule of Civil Procedure 14(a) provides that a defending party may implead a third party "who is or may be liable to him for all or part of the plaintiff's claim against him." This site is protected by reCAPTCHA and the Google 146 Pension Plan, Plumbers and Pipefitters 286 Money Purchase Plan, U.A. 1132(g) (2) (D); Lads Trucking Co. v. Board of Trustees of the Western Conference of Teamsters Pension Trust Fund, 777 F.2d 1371, 1373 (9th Cir. After the mandate issues, the district court will assess a reasonable attorneys' fee for this appeal. Donate In Bjorklund, an employer signed a collective bargaining agreement relying upon the union representative's false assurance that the employer himself would be eligible to obtain a pension and that he would not be required to make contributions for his part-time employees. Website (626) 279-3000. This site is protected by reCAPTCHA and the Google. Teamsters Local 495 in West Covina, CA Teamsters Local 495 Strong Contracts. Pacific Southwest Administrators. denied, --- U.S. ----, 106 S. Ct. 850, 88 L. Ed. Go to the Plan Documents page to view new year-end 2022 documents issued in the Spring of 2023. The district court denied Rozay's Transfer's motion for leave to file a third-party complaint against Local 208 for rescission of the collective bargaining agreement or, in the alternative, for indemnification and for fraud. 17-8, at 623-24 (2d ed. Account Manager Job Richardson Texas USA,Management The district court concluded that sections 502(a) and 515 of the Employee Retirement Income Security Act, 29 U.S.C. 163 (1981). Rozay's Transfer also filed a counterclaim seeking the return of $57,235.28 in contributions made to the trust between October, 1981 and April, 1982, the period between expiration of the old bargaining agreement and the date Rozay's Transfer ceased making payments. INSURANCE PRODUCTS ARE ISSUED BY THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (PICA), NEWARK, NJ OR ITS AFFILIATES. Treasurer | Division of Administrative & Financial Services | City of Go to the Plan Documents page or click here to view this document issued in October 2021. NEW Year-End 2022 Documents Available. denied, 466 U.S. 958, 104 S. Ct. 2170, 80 L. Ed. If this data is unavailable or inaccurate and you own or represent this business. 2d 601 (1986). Rozay's Transfer's appeal from that summary judgment was stayed by this court pending final judgment by the district court on the primary claim in the case. Southwest Administrators, Inc - Design Develop Maintain As in the instant case, the fraudulent misrepresentation in Bjorklund went directly to the employer's central motivation for entering into the agreement. 158(a) (5), it is an unfair labor practice for an employer to change unilaterally the conditions and benefits of employment while negotiations for a new bargaining agreement are pending. That appeal has now been consolidated with Rozay's Transfer's appeal from final judgment in favor of Southwest Administrators in the collection action, Our decision also comports with the decision in Waggoner v. Dallaire, 649 F.2d 1362 (9th Cir. Teamsters Local 572, Carson | California Labor Union Click here for details. Both stem from the union's oral misrepresentation as to the effect of the bargaining agreement. Blog Accordingly, Rozay's Transfer was fully obligated to make pension fund contributions during this period. Northwest Administrators Supplem 428 Vacation Savings Trust Fund, Butcher and Provision Workers Pension Fund of Southern California, Colorado Plasterers and Cement Masons Benefit Health Fund, Colorado Cement Masons Pension Trust Fund, Teamsters Local 2727 Retiree Medical Benefits Trust, Intermountain UFCW and Food Industry Health Fund, UFCW Local 711 & Retail Food Employers Benefit Fund, Utah-Idaho Teamsters Security Fund - Actives, Intermountain Retail Food Industry Pension Trust Fund, Retail Food Employers and UFCW Local 711 Pension Fund, Sheet Metal Workers Local 49 Family Health Plan, UFCW & Employers AZ H&W Trust (formerly NM UFCW), New Mexico Electricians Retirement Benefit Fund, New Mexico State Conference of Plasterers' & Cement Masons' Retirement Benefits Fund, Sheet Metal Workers Local 49 DCP/401K Plan, Plumbers and Pipefitters Local 430 Health and Welfare Fund, NECA-IBEW Local Union No. Its contributions were not made mistakenly. The claim that a promise to make contributions was fraudulently induced is not a legitimate defense to the trust fund's action to recover delinquent contributions.3 Bjorklund, 728 F.2d at 1266.
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