Due Process Violation – Collective Bargaining Agreement

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7^th Circuit Court of Appeals

Case Name: Trustees of the Suburban Teamsters of Northern Illinois Pension Fund v. The E Company

Case No.: 18-2273

Officials: EASTERBROOK, BARRETT, and SCUDDER, Circuit Judges.

Focus: Due Process Violation – Collective Bargaining Agreement

Under the terms of a collective bargaining agreement, T&W Edmier Corporation regularly contributed on behalf of its employees to the Suburban Teamsters of Northern Illinois Pension Fund. But in 2014 T&W ceased operations and cut off its pension contributions, prompting the Pension Fund to assess withdrawal liability of $640,900. The Pension Fund sought to collect payment by mailing a notice of the withdrawal liability to T&W and several affiliated entities, only to see their collection efforts ignored. The Trustees of the Pension Fund eventually sued to collect payment, and that action culminated in the district court ordering T&W, along with several other individuals and entities under common control, to pay the withdrawal liability. Now seeking to vacate the district court’s judgment, T&W and the other defendants argue that their due process rights were violated when the Pension Fund initiated collection of the withdrawal liability by mailing notice to some but not all of them. Seeing no error, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.