Diffley v. Royal Papers, Inc.

948 S.W.2d 244 (1997)

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Nature of the Case

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Facts

D had a collective bargaining agreement with Teamsters Local # 688 covering its warehouse employees. D was to contribute $31.00 per week, per employee, to the Teamsters Negotiated Pension Plan (the Pension Plan). The collective bargaining agreement and the Trust Agreement do not provide for a penalty for late payments to the Pension Plan. Effective February 15, 1994, the Trustees of the Teamsters Negotiated Pension Plan adopted a policy regarding employers who are delinquent in contributions to the Fund. A late penalty of ten percent (10%), unless specified otherwise in the collective bargaining agreement, of the total contributions due for the month will be assessed against an employer who is fifteen (15) days late. D subsequently made two late contributions to the Pension Plan. P sued D to collect a late fee ($210.80) on contributions paid past their due date. D got summary judgment, and P appealed.