 Gerber retained all three, who had been members of Teamsters Local 50 ("Local 50").  Fat's had been a party to the 1979-1982 National Master Freight Agreement, which is the Teamsters' multiemployer collective bargaining agreement with certain truckers.  This agreement entitled the three Fat's drivers, among other things, to employer-paid health and pension benefits administered by Central States, Southeast and Southwest Areas Health and Welfare Fund and Central States, Southeast and Southwest Areas Pension Fund, respectively (the "Funds").


3
When Gerber bought Fat's and retained its three drivers, he was already employing two drivers who were not working under a union contract.  Gerber did not assume the labor contract between Local 50 and Fat's.  Shortly after buying Fat's, however, Gerber contacted John Gonzales, business representative forAgreement, which specifically concerned only Gerber's obligation to the Funds with respect to the provision of benefits to employees.  The Participation Agreement also required Gerber to pay contributions to the Funds on behalf of covered employees.  This document, however, described covered employees as "DRIVERS represented by the Union," a narrower classification selected by Gerber and Gonzales to convey their mutual intent to include only the three former Fat's drivers.


4
Gerber did contribute to the Funds on behalf of the three Fat's drivers.  As to all other terms of employment, however, Gerber reached individual agreements with all of his employees, including the Fat's three.  Local 50 apparently approved of this arrangement.  In its list of employees covered for purposes of Local 50 representation, it named