How have the Trusts in a trust action been interpreted in the context of an employer's failure to properly calculate and timely payments?

MultiRegion, United States of America

The following excerpt is from International Union of Operating Engineers-Employers Const. Industry Pension, Welfare and Training Trust Funds v. Karr, 994 F.2d 1426 (9th Cir. 1993):

Citing Costantini, 681 F.2d at 1202, the Trusts argue that we must reverse because the present action for accurate payments involves infringement of a different right than the prior action to collect delinquent payments. We disagree. The Trust Agreements conferred upon the Trusts the right to receive proper monthly contributions from the employer. May v. Parker-Abbott Transfer and Storage, Inc., 899 F.2d 1007, 1010 (10th Cir.1990). This single right under the contract inherently assumes that the employer's contributions will be "both accurately computed and timely paid." Id.

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