U.A. 198 Health & Welfare v. Rester Refrigeration Service Inc‪.‬

Before: John Minor Wisdom, Thomas M. Reavley, and Sam D. Johnson, Circuit Judges JOHN MINOR WISDOM, Circuit Judge: This appeal presents the question whether federal courts have subject matter jurisdiction over an action by a union trust fund, under the Employee Retirement Income Security Act of 1974 (ERISA), against the employer to collect unpaid contributions accruing after the expiration of a collective bargaining agreement. We hold that the National Labor Relations Act preempts the fund's ERISA action. The National Labor Relations Board has ""primary jurisdiction"" to decide the basic issue.1 The Court of Appeals for the Ninth Circuit has reached the same result in a similar case.2