southwest administrators teamsters pension southwest administrators teamsters pension

1002(2), (37) (A). According to City Charter the Treasurer shall have custody of all moneys of the City and shall perform all other duties prescribed by law, the Charter, or the Commission. On Appeal from the United States District Court for the Central District of California. 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. This subsequent judgment in the related case does not affect our conclusion in the instant case. Award Service, Inc. v. Northern California Retail Clerks Union and Food Employers Joint Pension Trust Fund, 774 F.2d 1391, 1392 (9th Cir. We review de novo a district court's conclusions of law. 1132(a), 1145, to collect delinquent contributions for the period between May, 1982 and February, 1983. 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. James Oswald, Davies, Roberts, Reid & Wacker, Seattle, Wash., for plaintiff/appellee. Southwest Administrators Teamsters in Los Angeles, CA. See J. 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. See 12 Williston on Contracts Sec. Thus, when a collective bargaining agreement expired, in order for the employer to be reinstated in the trust fund, the new agreement had to provide for the payment of contributions for the interim between the two agreements. 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. The Supplemental Plan is provided at no charge to retirees; the participating employers . If your pension checks are automatically deposited with your bank, its still important to keep the Plan advised of any changes to your home address. Pension Administrative Offices are open to assist plan participants. 9-22, at 293; J. "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." COUNTERCLAIM TO RECOVER PREVIOUS TRUST FUND CONTRIBUTIONS. 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) . Go to the Plan Documents page to view new year-end 2022 documents issued in the Spring of 2023. Click here. Rozay's Transfer urges us to read the settlement agreement as addressing the delinquent contributions dispute implicitly through its very silence. The purpose of this rule is to promote judicial efficiency by eliminating the necessity for the defendant to bring a separate action against a third individual who may be secondarily or derivatively liable to the defendant for all or part of the plaintiff's original claim. 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. Rozay, assuming that unpaid contributions would be forgiven, signed the agreement, which covered the period from September 1, 1981 to September 30, 1984. Provide basic tax withholding information. White & R. Summers, Uniform Commercial Code Sec. 2323 Eastlake Avenue East Seattle, WA 98102-3393(206) 329-4900Toll Free: (800) 531-1489, 1000 Marina Boulevard, Suite 400 Brisbane, CA 94005-1841(650) 570-7300Toll Free: (800) 845-4162, 225 South Lake Avenue, Suite 1200 Pasadena, CA 91101-3000(626) 463-6100Toll Free: (866) 648-6878, 700 NE Multnomah, Suite 350 Portland, OR 97232-4197 (503) 238-6961Toll Free: (800) 845-9040. If this data is unavailable or inaccurate and you own or represent this business. Rozay's Transfer contended that because such contributions were made during a period when no written agreement was in effect between it and Local 208, the trust fund had no right to accept the contributions under its own rules and under section 302(c) (5) of the LMRA, 29 U.S.C. 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. No. | 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. The district court reasonably concluded that impleading the union would be inconsistent with the purposes of ERISA in providing a streamlined and simplified procedure for employee benefit trust funds to collect delinquent contributions. TEAMSTERS LOCALS 63, 396 & 495 : Southwest Administrators, Inc Covina Office: 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. 1984). 2023 Mackinac Center for Public Policy, Administration, Professional,and Transportation, Administration, Custodial, Food,and Office, Administration, Office,and Transportation, Custodial, Professional, Transportation,and Otherstaff. All Rights Reserved. See generally Laborers Health and Welfare Trust Fund v. Advanced Lightweight Concrete Co., Inc., 779 F.2d 497 (9th Cir. Go to the Plan Documents page or click here to view this document issued in October 2021. For an employer to be obligated to make employee benefit contributions to a trust fund, there must exist a binding collective bargaining agreement. 1443, at 208. Teamsters Local 572 has served the American workforce since 1937 and currently provides union representation for 11,500 members working for more than 150 diverse employers including those in specialty crafts, graphics communication, transit, and several other industry sectors.Local 572 was first chartered by the International . 1980). Sheet Metal Workers Local 49 Family Health Plan Southwest Multi-Craft Health & Welfare Trust Fund UFCW & Employers AZ H&W Trust (formerly NM UFCW) Pension. 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. Maxwell v. Lucky Construction Co., Inc., 710 F.2d 1395, 1397 (9th Cir. Call Us: 1-800-336-3387 Monday through Friday 8 a.m. to 4 p.m. PT (excluding holidays) Click the links below to findinformation about: You can also visit theForms Pageto download important documents for your plan. Email Signup Learn More My pension check View pension check schedules, get set up for direct deposit, and verify your income. 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. If you were ever covered by the Western States Food Plan, you may be eligible to have your pre-2002 service under the Western States Food Plan recognized as service under the Western Conference of Teamsters Pension Plan. Cal. Find a provider using the links below and view plan documents! Know Your Worth. It is not an abuse of discretion to deny an application for impleader where it will disadvantage the existing action. In light of the company's precarious financial position, Rozay expressed serious concerns about being required to make retroactive pension fund contributions for the period between May, 1982 and February, 1983. 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. In July, 1982, when no successor agreement had yet been adopted, Rozay's Transfer informed the union that it had ceased making contributions to the pension fund. 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. We held that the employer's assertion that he had been "fraudulently induced" to enter into the agreement was not a legitimate defense to the trust fund's collection action. 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. The Plan's Administrative Office is staffed by Southwest Service Administrators, a professional benefits management team dedicated to providing you unparalleled service. WELCOME 1985). 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. 515 of ERISA, 29 U.S.C. Under ERISA, the award of attorneys' fees is mandatory in all actions by an employee benefit trust fund to collect delinquent contributions. In Operating Engineers Pension Trust v. Gilliam, 737 F.2d 1501, 1503 (9th Cir. This site is protected by reCAPTCHA and the Google. 1489, at 341-42. 1-800-336-3387 584 Pension Fund, NECA-IBEW Local Union No. In two recent cases, we have had occasion to consider the availability of fraud as a defense to an employer's obligation to make trust fund contributions under a collective bargaining agreement. 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. The independent force of the separately adopted collective bargaining agreement still requires Rozay's Transfer to pay the delinquent contributions. Start the process of applying for Retirement, Disability, or Survivor Benefits here. See 12 Williston on Contracts Sec. Past Employment and Intermediate Employment, Employer-Union Pension Certification Form. See Carpenters Southern California Administrative Corp. v. Russell, 726 F.2d 1410, 1413 (9th Cir. Under this settlement, employee wages would be reduced by $1.00 and Rozay's Transfer would resume payments to the trust fund on behalf of each employee at the approximate rate of $.99 per hour. Whether certain contract defenses are available in an action to recover delinquent trust fund contributions is a question of law. 1443, at 210. Oklahoma. Accordingly, the unambiguous terms of a collective bargaining agreement providing for employee benefit contributions should prevail in all but the most compelling of circumstances. See Carpenters Southern California Administrative Corp. v. Russell, 726 F.2d 1410, 1417 (9th Cir. | Rozay's Transfer contends that the trust fund's own rules forbade acceptance of contributions made after the expiration of the collective bargaining agreement. It does not replace or affect the normal monthly pension from the Primary Plan. Company Information; FAQ; Stone Materials. Go to the Plan Documents page to view new year-end 2022 documents issued in the Spring of 2023. 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). Why Join Us | Member Resources Access your documents and benefits, update information, or report a grievance. Regular benefit processing continues to be performed, to the extent possible. Teamsters Local 572 Strong, Unified and Growing since 1937! In this section of the website you will find many useful documents and have access to online resources. bargaining agreements, or links to those agreements, to The Western Conference of Teamsters Pension Plan assumed responsibility for administering the Western States Food Plan. 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. 728 F.2d at 1263-64. Go to the Plan Documents page to view new year-end 2022 documents issued in the Spring of 2023. This distinction between these two types of fraud may be very significant in determining the rights obtained by third parties as a result of an agreement. Learn More Why Organize? We held that the express terms of the agreement were to be enforced in favor of the trust fund because oral modification of the employee benefit provisions was forbidden by section 302 of the Labor Management Relations Act, 29 U.S.C. 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. at 1366. 1983). Welcome Members! Id. 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. 1986). Sign up for our free summaries and get the latest delivered directly to you. * Please make sure to use the latest browser version. 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. The position of City Treasurer is established by City Charter. Filter your search results by job function, title, or location. 146 Pension Plan, Plumbers and Pipefitters 286 Money Purchase Plan, U.A. H&W Trust Fund, Operating Engineers' Local No. If you have not yet retired or are looking for more information about the Plan, you can contact yourArea Administrative Officesor visit the Plan Website atwww.wctpension.org. 1979), cert. 1000 S FREMONT AVE # 11 ALHAMBRA, CA 91803 PICA IS A PRUDENTIAL FINANCIAL COMPANY. 584 Profit Sharing Plan, Central Texas Health & Benefit Trust Fund, Plumbers and Pipefitters 286 Health and Welfare Fund, Plumbers & Steamfitters Local Union No. Local 208 thereafter withdrew the NLRB unfair labor practice charge and the grievance. 186(c) (5). Past Employment and Intermediate Employment, Employer-Union Pension Certification Form. Murrietta wrote to the trust fund on behalf of Rozay's Transfer requesting relief from payment of contributions for this interim period. 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 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 Position. Producers Dairy Delivery Co., Inc., v. Western Conference of Teamsters Pension Trust Fund, 654 F.2d 625, 627 (9th Cir. Schedule is subject to change. 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. Western Conference of Teamsters Pension Trust. 163 (1981). Both stem from the union's oral misrepresentation as to the effect of the bargaining agreement. Before WALLACE, PREGERSON, and BEEZER, Circuit Judges. See also Operating Engineers Pension Trust v. Giorgi, 788 F.2d 620, 623 (9th Cir. See Lewis v. Benedict Coal Corp., 361 U.S. 459, 468, 80 S. Ct. 489, 494-95, 4 L. Ed. 1132(a), 1145, do not permit such a defense to non-payment. 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. As of January 1, 2019, your Plan is the largest multiemployer pension plan in the United States. Copyright 2008-2023, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc. Welcome to the Teamsters Western Region & Local 177 Health Care Plan! Click here for details. Teamsters Local 495 in West Covina, CA Teamsters Local 495 Strong Contracts. The company is located in Alhambra and incorporated in California. This section explains what you need to know and do to get the most from your Plan benefits. Treasurer. Uniform Commercial Code Sec. 225 (1985). | Contact, (989) 631-0900 If oral modifications to the express terms of the agreement by the employer and union were permitted, " [e]mployees, basing their futures on the promise of an old-age pension provided in a union contract, may discover in later years to their surprise that an oral side-agreement had eroded the worth of their pension rights." 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." 2. International Union of Operating Engineers Local No 501 Stationary. Be sure to update your WCT Pension Plan address. Pension Analyst - AZ: Southwest Service Administrators: Phoenix, AZ: $35K-$40K: Accounts Payable/Receivable Data Entry Clerk - AZ: Southwest Service . 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. denied, 446 U.S. 919, 100 S. Ct. 1853, 64 L. Ed. Click here for details. Union contracts spell out not just salaries and benefits, but also information about class size, employee evaluations, school calendars, and more. 3-305 comment 7. Member Services In this section of the website you will find many useful documents and have access to online resources. 1981), later appeal, 767 F.2d 589 (9th Cir. Box 568 Yet we held that such fraudulent inducement was not the type of defense that could be maintained against a trust fund's collection action. By accessing the WCTPT website, you accept its terms and conditions. A workplace union for the automotive, industrial, theme park, service sector and allied workers. Blog The district court expressly found that Rozay's Transfer had been "fraudulently induced" into executing the collective bargaining agreement and cited Bjorklund for the proposition that such fraudulent inducement cannot be maintained as a defense in a trust fund collection action. 1488, at 332 (3d ed. 1984) ("Gilliam "), an employer signed a collective bargaining agreement under the impression that he was only applying to become a member of the union as an owner-operator so that he could operate his own equipment on a union job site. 2d 553 (1984). This section explains what you need to know and do to get the most from your Plan benefits. This database contains PDF copies of each Michigan district's collective bargaining agreements for teachers, bus drivers, aides, office staff and other employees. Maxwell v. Lucky Construction Co., Inc., 710 F.2d 1395, 1397-98 (9th Cir. Site Map at 1504-05. 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. Southwest Service Administrators, Inc. The Western Conference of Teamsters Pension Plan was established in 1955 through collective bargaining between labor and management. Account Changes and Payments Tax Filing Documents and Semiannual Statements Plan Health and Miscellaneous You can also visit the Forms Page to download important documents for your plan. In any action under this subchapter by a fiduciary for or on behalf of a plan to enforce section 1145 of this title in which a judgment in favor of the plan is awarded, the court shall award the plan--. To assure the best customer experience for an in-person visit, we encourage you to schedule an appointment by visiting the following link Contact - NORTHWEST ADMINISTRATORS, INC. (nwadmin.com). In 1980, Congress amended ERISA by adding section 306(a), 29 U.S.C. PLEASE CHOOSE YOUR GROUP PLAN BELOW: Arizona Health & Welfare Under the facts of this case, the argument that there was no "meeting of the minds" is little more than a restatement of the fraudulent inducement defense. Southwest Administrative Office 225 South Lake Avenue, Suite 1200 Pasadena, CA 91101-3000 (626) 463-6100 Toll Free: (866) 648-6878 Regional Service Center Portland Office 700 NE Multnomah, Suite 350 Portland, OR 97232-4197 (503) 238-6961 Toll Free: (800) 845-9040 Plan Documents click here to view this document issued in October 2021. INSURANCE PRODUCTS ARE ISSUED BY THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (PICA), NEWARK, NJ OR ITS AFFILIATES. Publications | TEAMSTERS LOCAL 63: Pension: . The Mackinac Center for Public Policy works to update this database in a timely Select from over 115 networks below to view available data about this business. CLOSED NOW. Telephone Business Hours Mon-Fri 7:30am-4:30pm Walk-In Hours Mon-Fri 7:30am-4:30pm 5251 Green Street, Suite 200 Murray, UT 84123-2995 UT-ID Teamsters - 855-292-7954 All other UT/NV Health Funds: 801-266-3256 toll free: 800-345-3248 Pension Funds: 801-266-3271 toll free: 800-453-4584 Business Hours Mon-Fri 8:30am-5:00pm 1984).5 This mandate includes the recovery of attorneys' fees incurred on appeal. L. Rev. City of Mount Pleasant - 320 W. Broadway - Mt. To have granted the impleader might well have complicated and lengthened the trial, and would have introduced the extraneous question of remedies in the third-party action, such as whether the collective bargaining agreement should be rescinded by reason of the union's allegedly fraudulent conduct.4VII. 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. 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. 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. In Bjorklund, the employer entered into the bargaining agreement upon the assumption that he would be making pension fund contributions only for himself and his one full-time employee, his son. See Operating Engineers Pension Trust v. Gilliam, 737 F.2d 1501, 1502 (9th Cir. NEW Year-End 2022 Documents Available. CV 84-8313 MRP (Bx) (C.D. 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. 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. Southwest Administrators, Inc., an employee benefit trust fund administrator, brought this action against Rozay's Transfer, an employer, to recover allegedly delinquent trust fund contributions. 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. We value your time, so appointments are not required but will greatly assist in our ability to assist you without unreasonable delay. AVAILABILITY OF CONTRACT DEFENSES IN PENSION FUND COLLECTION ACTION. Our similar businesses nearby shows similar businesses in their industry and region based on information found in their Dun & Bradstreet Credibility Review profile. The parties also executed a settlement agreement resolving the NLRB unfair practice complaint and the breach of agreement grievance. more about organizing your workplace. Its contributions were not made mistakenly. Regular benefit processing continues to be performed, to the extent possible. IMPORTANT MESSAGE: Due to the coronavirus outbreak, our local union offices and WCTPT Administrative Offices are temporarily closed to in-person interviews with participants. Prior to September 30, 1981, Rozay's Transfer, an employer in the trucking industry, and Teamsters Local 208 were parties to a collective bargaining agreement. Southwest Administrators, Inc. has 300 employees and estimated revenues of $12,300,000.00. 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. 14-9, at 572-75 (2d ed. 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. United States v. One 1977 Mercedes Benz, 708 F.2d 444, 452 (9th Cir. J. 33 Southwest Service Administrators jobs including salaries, ratings, and reviews, posted by Southwest Service Administrators employees. Visit our. Rozay's Transfer remains obligated as a result of this action to pay delinquent contributions to the trust fund under Sec. 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. | Participants Retirees Beneficiaries Local Unions Employers Report to Contributing Employers Union contracts spell out not just salaries and benefits, but also information about class size, employee evaluations, school calendars, and more. 3-305(2) (c); see Restatement (Second) of Contracts Sec. Comment, Denying the Illegality Defense: An Enigmatic Approach to the Delinquent Pension Fund Contribution Problem, 34 Stan. Click here for details. Western Conference of Teamsters Pension Trust. 2d 601 (1986). Be sure to update your WCT Pension Plan address. Donate If the Prudential Financial representatives cannot help you, they will connect you to someone who can. We accept the district court's findings of fact because they are not clearly erroneous. Thus, Rozay's Transfer argues, the settlement agreement bars the trust fund's claim for delinquent contributions. 1145. The Supplemental Plan provides an additional annual benefit for retirees already receiving pensions from the Western Conference of Teamsters Pension Plan (the "Primary Plan"). Calamari & J. Perillo, Contracts Sec. Waggoner, 649 F.2d at 1366. 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. Click here for details. In Waggoner, an employer was fraudulently induced to enter a bargaining agreement by the union's oral representation that the trust fund contributions of the agreement would not be enforced. Accordingly, Rozay's Transfer was fully obligated to make pension fund contributions during this period. Teamsters Local 104 - Tucson 238 W. Elm St. Tucson, AZ 85705 Mar 21 Tue Western Conference of Teamsters Pension Rep Visit Mar 21, 2023 Phoenix Hall - 1450 South 27th Ave. Phoenix, AZ 85009 Mar 25 Sat GENERAL MEMBERSHIP MEETING - TUCSON Mar 25, 2023 TEAMSTERS LOCAL 104 - TUCSON 238 W. ELM ST TUCSON, ARIZONA 85705 Apr 04 Tue However, as the fraud was not committed by the trust fund, the court held it was not precluded from enforcing Rozay's Transfer's obligation to make contributions as required by the express terms of the bargaining agreement.