D.E.W., a general contractor, signed an adoption agreement to contribute to union benefit funds. The contractor paid into the funds only for union workers, not non-union workers. The court ruled that the adoption agreement required contributions for all laborers—union and non-union alike—because the agreement incorporated the collective bargaining agreement's contribution provisions by reference. This means contractors cannot pick and choose which employees trigger benefit fund obligations.
When you adopt or flow down a collective bargaining agreement, you must contribute to benefit funds for all similarly situated employees, not just union members.
Courts will enforce broad language in adoption agreements that incorporates CBA provisions by reference, even if you didn't sign the original CBA yourself.