SOFCO ERECTORS, INC., Plaintiff-Appellee/Cross-Appellant, v. TRUSTEES OF THE OHIO OPERATING ENGINEERS PENSION FUND; OHIO OPERATING ENGINEERS PENSION FUND, Defendants-Appellants/Cross-Appellees., 15 F.4th 407

Summary

HOLDINGS: [1]-The withdrawal liability assessment against a company for terminating its collective bargaining agreement with a local union was upheld, in part, because the district court did not err by concluding that the fund properly included forklift work in the withdrawal liability calculation; [2]-The court upheld the district court's finding that the company was responsible for the old company's structure under 29 U.S.C.S. 1382, because the conditions under the statute included substantially the same obligations to the plan and the company agreed to be secondarily liable if it withdrew from the plan.