NAT. LEADBURNERS HEALTH & WELF. v. O.G. KELLEY

No. 94-5032.

129 F.3d 372 (1997)

NATIONAL LEADBURNERS HEALTH AND WELFARE FUND, National Leadburners Pension Fund, Jack Stilwell, Ben Damoci, Richard McNabb, Robert S. Ray, Trustees, Plaintiffs-Appellants, v. O.G. KELLEY & COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 19, 1997.


Attorney(s) appearing for the Case

Cynthia R. Vullo (briefed), Koff, Wendolowski, Ferguson & Mangan, Wilkes-Barre, PA, for National Leadburners Health and Welfare Fund, Jack Stillwell, Richard McNabb, Ben Damoci, Robert S. Ray.

John B. Rayson, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, TN, for National Leadburners Pension Fund.

Ashley B. Abel, Abel & Hendricks, Spartanburg, TN, Gwendolyn D. Burgess (briefed), Earl R. Booze (briefed), Johnson, Booze & Burgess, Johnson City, TN, for Defendant-Appellee.

Before: NELSON, BOGGS and COLE, Circuit Judges.


COLE, Circuit Judge.

OPINION

This case concerns the satisfaction of a Labor Management Relations Act ("LMRA") provision requiring a "written agreement" in order for any monies to be distributed from an employer to a fringe benefit trust fund. The question presented is whether the statutory "written agreement" requirement for an employee benefit trust fund includes a requirement that the employer sign the agreement. The appellants appeal the district court...

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