(Download) "Iue Afl-Cio Pension Fund and Lloyd J. Hayes v. Barker & Williamson Inc." by United States Court of Appeals for the Third Circuit ~ eBook PDF Kindle ePub Free

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Title: Iue Afl-Cio Pension Fund and Lloyd J. Hayes v. Barker & Williamson Inc.
Author : United States Court of Appeals for the Third Circuit
Release Date : January 10, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 84 KB

Description

Opinion OF THE COURT Before: ALDISERT, Chief Judge, and SEITZ and ADAMS, Circuit Judges ALDISERT, Chief Judge This appeal presents a question under federal pension laws and requires us to decide whether the district court properly held that the appellant corporation, Sentinel Electronics, Inc., was a member of a controlled group with Barker & Williamson, Inc. (""B&W""). B&W had ceased operations and defaulted on its payments to a pension fund. The district court held that Sentinel was a member of a controlled group with B&W's delinquent payments to the fund under provisions of the Multiemployer Pension Plan Amendments Act (MPPAA) of 1980, 29 U.S.C. Â§ 1381 et. seq. (amending provisions of ERISA, 29 U.S.C. Â§ 1001 et. seq.) We must also decide whether notice to B&W of its withdrawal liability, as required by the MPPAA, constituted constructive notice to Sentinel. We agree with the district court's controlled group determination. We disagree with its conclusion that notice to B&W was inadequate notice to Sentinel. I.