Brown-Graves Co. v. Cent. States, Se. & Sw. Areas Pension Fund & Howard McDougall Tr., 206 F.3d 680 (6th Cir. 2000). · Go Syfert
Brown-Graves Co. v. Cent. States, Se. & Sw. Areas Pension Fund & Howard McDougall Tr., 206 F.3d 680 (6th Cir. 2000). Cases Citing This Book View Copy Cite
51 citation events (49 in the last 25 years) across 13 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Johnston v. United States of America, The
M.D. Tenn. · 2023 · quote attribution · 1 verbatim quote · confidence high
laches consists of two elements: (1) unreasonable delay in asserting one's rights; and (2) a resulting prejudice to the defending party.
discussed Cited as authority (verbatim quote) A.S. v. Lee
M.D. Tenn. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
laches consists of two elements: (1) unreasonable delay in asserting one's rights; and (2) a resulting prejudice to the defending party.
discussed Cited as authority (rule) Kennedy v. Benson
E.D. Mich. · 2024 · confidence medium
Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir. 2000). “[W]hen laches appears, the court merely leaves the parties where it finds them.” Knight v. Northpointe Bank, 300 Mich. App. 109, 114 , 832 N.W.2d 439, 442 (2013) quoting Duck v. McQueen, 263 Mich. 325, 328 , 248 N.W. 637 (1933).
cited Cited as authority (rule) Boone v. Austin
W.D. Ky. · 2024 · confidence medium
Areas Pension Fund, 206 F.3d 680, 684 (6th Cir. 2000); Sleevi v. Merit Sys.
cited Cited as authority (rule) Conyers v. Garrett
E.D. Mich. · 2022 · confidence medium
Brown-Graves v. Central States, Southwest and Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir. 2000).
discussed Cited as authority (rule) King v. Whitmer
E.D. Mich. · 2020 · confidence medium
Areas Pension Fund, 206 F.3d 680, 684 (6th Cir. 2000); Ottawa Tribe of Oklahoma v. Logan, 577 F.3d 634 , 639 n.6 (6th Cir. 2009) (“Laches arises from an extended failure to exercise a right to the detriment of another party.”).
discussed Cited as authority (rule) Eason v. Whitmer
E.D. Mich. · 2020 · confidence medium
(ECF No. 9, PageID.104.) The equitable defenses of laches may bar an action when there is “(1) unreasonable delay in asserting one’s rights; and (2) a resulting prejudice to the defending party.” Brown-Graves Co. v. Central States, Southeast and Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir. 2000).
cited Cited as authority (rule) Daunt v. Benson
W.D. Mich. · 2019 · confidence medium
Areas Pension Fund, 206 F.3d 680, 684 (6th Cir. 2000)).
cited Cited as authority (rule) Martin v. Trott Law, P.C.
E.D. Mich. · 2017 · confidence medium
Areas Pension Fund, 206 F.3d 680, 684 (6th Cir. 2000)).
discussed Cited as authority (rule) Planned Parenthood of Greater Ohio v. Hodges
S.D. Ohio · 2016 · confidence medium
Civil Liberties Union of Ohio, Inc. v. Taft, 385 F.3d 641, 647 (6th Cir.2004) (citing Brown-Graves Co. v. Central States, Southeast and Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000)).
discussed Cited as authority (rule) Board of Trustees of the Pipe Fitters Retirement Fund, Local 597 v. American Weathermakers, Inc.
unknown court · 2015 · confidence medium
For this reason, the Sixth Circuit rejected the same allegation .of prejudice by. the, employer in Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000).
cited Cited as authority (rule) Equal Employment Opportunity Commission v. Tepro, Inc.
E.D. Tenn. · 2015 · confidence medium
Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000)).
cited Cited as authority (rule) Wilson v. Bridge Overlay Systems, Inc.
S.D. Ohio · 2015 · confidence medium
Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000); PACE Indus.
cited Cited as authority (rule) Operating Engineers Local 324 Health Care Plan v. G & W Construction Co.
6th Cir. · 2015 · confidence medium
Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000); PACE Indus.
cited Cited as authority (rule) Trs. of Detroit Carpenters Fringe Benefit Funds v. Patrie Construction Co.
6th Cir. · 2015 · confidence medium
Areas Pension Fund, 206 F.3d 680, 683 (6th Cir. 2000).
cited Cited as authority (rule) Trs. of Detroit Carpenters Fringe Benefit Funds v. Patrie Constr. Co.
6th Cir. · 2015 · confidence medium
Areas Pension Fund, 206 F.3d 680, 683 (6th Cir. 2000).
cited Cited as authority (rule) Trustees of Detroit Carpenters Fringe Benefit Funds v. Patrie Construction Co.
5th Cir. · 2015 · confidence medium
Areas Pension Fund; 206 F.3d 680, 683 (6th Cir.2000).
cited Cited as authority (rule) Lewis v. Central States, Southeast & Southwest Areas Pension Fund
6th Cir. · 2012 · confidence medium
Areas Pension Fund, 206 F.3d 680, 683-84 (6th Cir.2000).
discussed Cited as authority (rule) Dewhurst v. Century Aluminum Co.
S.D.W. Va · 2010 · confidence medium
States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 683 (6th Cir.2000) (refusing, where collective bargaining agreement was unambiguous, to consider extrinsic evidence of “informal arrangement” between employer and union); see also Bonnell/Tredegar Industries, Inc. v. N.L.R.B., 46 F.3d 339 , 345 (4th Cir.1995)(“We, too, conclude that it is clear from the language of the Agreement itself that the parties intended to retain the existing Christmas bonus plan; no extrinsic evidence as to the parties’ intent in that respect is necessary.”).
discussed Cited as authority (rule) Finnerty v. Wireless Retail, Inc.
E.D. Mich. · 2009 · confidence medium
More succinctly stated, laches consists of two elements: “(1) unreasonable delay in asserting one’s rights; and (2) a resulting prejudice to the defending party.” Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000).
discussed Cited as authority (rule) GREEN PARTY OF MICH. v. Land
E.D. Mich. · 2008 · confidence medium
Laches consists of two elements: "(1) unreasonable delay in asserting one's rights; and (2) a resulting prejudice to the defending party." Brown-Graves Co. v. Central States, Southeast and Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000).
discussed Cited as authority (rule) Green Party of Michigan v. Michigan Secretary of State Terri Lynn Land
E.D. Mich. · 2008 · confidence medium
Laches consists of two elements: "(1) unreasonable delay in asserting one's rights; and (2) a resulting prejudice to the defending party.” Brown-Graves Co. v. Central States, Southeast and Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000).
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Watkins Motor Lines, Inc. (2×)
unknown court · 2006 · confidence medium
Laches consists of two elements: “(1) unreasonable delay in asserting one’s rights; and (2) a resulting prejudice to the defending party.” Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000).
discussed Cited as authority (rule) EEOC v. Watkins Motor Lines
6th Cir. · 2006 · confidence medium
Laches consists of two elements: “(1) unreasonable delay in asserting one's rights; and (2) a resulting prejudice to the defending party.” Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir. 2000).
cited Cited as authority (rule) United States v. Mandycz
6th Cir. · 2006 · confidence medium
Areas Pension Fund, 206 F.3d 680, 684 (6th Cir. 2000).
cited Cited as authority (rule) United States v. Iwan Mandycz
6th Cir. · 2006 · confidence medium
Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000).
discussed Cited as authority (rule) American Civil Liberties Union of Ohio, Inc. v. Robert Taft, Governor of Ohio (2×)
6th Cir. · 2004 · confidence medium
Brown-Graves Co. v. Central States, Southeast and Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000).
discussed Cited as authority (rule) ACLU v. Taft
6th Cir. · 2004 · confidence medium
Brown-Graves Co. and mootness serve different purposes: “In essence, standing v. Central States, Southeast and Southwest Areas Pension concerns only whether a plaintiff has a viable claim that a Fund, 206 F.3d 680, 684 (6th Cir. 2000).
discussed Cited as authority (rule) Anderson v. International Union, United Plant Guard Workers (2×)
6th Cir. · 2004 · confidence medium
First, the Areas Pension Fund, 206 F.3d 680, 684 (6th Cir. 2000).
discussed Cited as authority (rule) Anderson v. the International Union, United Plant Guard Workers of America Upgwa)
6th Cir. · 2004 · confidence medium
This, however, is not an appropriate case. 46 The elements of estoppel are: (1) conduct or language amounting to a representation of fact; (2) the party to be estopped must be aware of the true facts; (3) the party to be estopped must intend that the representation be acted on such that the party asserting the estoppel has the right to believe it was so intended; (4) the party asserting the estoppel must be unaware of the true facts; and (5) the party asserting the estoppel must detrimentally and justifiably rely on the representation. 47 Brown-Graves Co. v. Central States, Southeast & Southwe…
discussed Cited as authority (rule) Coalition for Government Procurement v. Federal Prison Industries, Inc.
6th Cir. · 2004 · confidence medium
“Laches consists of two elements: (1) unreasonable delay in asserting one’s rights; and (2) a resulting prejudice to the defending party.” Br own-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000).
discussed Cited as authority (rule) 3750 Orange Place Limited Partnership v. National Labor Relations Board
6th Cir. · 2003 · confidence medium
"Laches consists of two elements: (1) unreasonable delay in asserting one's rights; and (2) a resulting prejudice to the defending party." Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000).
discussed Cited as authority (rule) 3750 Orange Place Ltd. Partnership v. National Labor Relations Board
6th Cir. · 2003 · confidence medium
“Laches consists of two elements: (1) unreasonable delay in asserting one’s rights; and (2) a resulting prejudice to the defending party.” Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000).
discussed Cited as authority (rule) Carr v. Philips Electronics North America Corp.
4th Cir. · 2002 · confidence medium
States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 683 (6th Cir.2000) (refusing, where collective bargaining agreement was unambiguous, to consider extrinsic evidence of “informal arrangement” between employer and union).
discussed Cited as authority (rule) Air Line Pilots v. Midwest Express
7th Cir. · 2002 · confidence medium
Co., 711 F.2d 69, 72 (7th Cir. 1983); Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 683 (6th Cir. 2000); Excel Corp. v. United Food & Commercial Workers International Union, Local 431, 102 F.3d 1464, 1468 (8th Cir. 1996); Clark v. Ryan, 818 F.2d 1102, 1105 (4th Cir. 1987).
discussed Cited as authority (rule) Air Line Pilots Association, International, and Craig A. Moffatt v. Midwest Express Airlines, Inc. (2×)
7th Cir. · 2002 · confidence medium
Co., 711 F.2d 69 , 72 (7th Cir.1983); Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 683 (6th Cir.2000); Excel Corp. v. United Food & Commercial Workers International Union, Local 431, 102 F.3d 1464, 1468 (8th Cir.1996); Clark v. Ryan, 818 F.2d 1102, 1105 (4th Cir. 1987). 11 It is true that we and other courts have sometimes considered bargaining history in interpreting such agreements, see, e.g., Oil, Chemical & Atomic Workers International Union, Local 7-1 v. Amoco Oil Co., 883 F.2d 581, 586-87 (7th Cir.1989), but as far as we can tell, the parol …
discussed Cited "see" Teamsters & Employers Welfare Trust v. Gorman Bros. Ready Mix
C.D. Ill. · 2001 · signal: see · confidence high
See Brown-Graves Co. v. Central States, Southeast and Southwest Areas Pension Fund, 206 F.3d 680, 684 (6th Cir.2000)(considering laches in a case brought by an employer seeking a declaratory judgment that it was not required to make contributions to a trust fund); see also Trustees of Wyoming Laborers Health and Welfare Plan v. Morgen & Oswood Constr.
discussed Cited "see, e.g." Pace v. Honolulu Disposal Service, Inc.
9th Cir. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 683 (6th Cir.2000) (refusing, where CBA was unambiguous, to consider parol evidence of "informal arrangement” between employer and union to exclude casual drivers from employer’s obligation under CBA to make pension contributions for new employees); Excel Corp. v. United Food & Commercial Workers Int’l Union, Local 431, 102 F.3d 1464, 1468 (8th Cir.1996) ("When the language of the contract is clear and un ambiguous, ... as in the present case, the arbitrator may not rely on parol[ ] evi…
discussed Cited "see, e.g." Pace v. Honolulu Disposal Service, Inc.
9th Cir. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Brown-Graves Co. v. Central States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 683 (6th Cir. 2000) (refusing, where CBA was unambiguous, to consider parol evidence of "informal arrangement" between employer and union to exclude casual drivers from employer's obligation under CBA to make pension contributions for new employees); Excel Corp. v. United Food & Commercial Workers Int'l Union, Local 431, 102 F.3d 1464, 1468 (8th Cir. 1996) ("When the language of the contract is clear and unambiguous, . . . as in the present case, the arbitrator may not rely on parol[ ] eviden…
Retrieving the full opinion text from the archive…
BROWN-GRAVES COMPANY, Plaintiff-Appellant,
v.
CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND and Howard McDougall, Trustee, Defendants-Appellees
99-3039.
Court of Appeals for the Sixth Circuit.
Mar 20, 2000.
206 F.3d 680
Timothy M. Bittel (briefed), David H. Shaffer (briefed), Joondeph, Shaffer & Bit-tel, Akron, OH, for Plaintiff-Appellant., Albert M. Madden (briefed), Central States, Southeast & Southwest Areas Health & Welfare & Pension Funds, Des Plaines, IL, William M. Oldham, Oldham & Dowling, Akron, OH, James F. Wallington, Baptiste & Wilder, Washington, DC, for Defendants-Appellees.
Merritt, Siler, Beckwith.
Cited by 46 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 63%
Citer courts: Sixth Circuit (1)

OPINION

SILER, Circuit Judge.

Plaintiff, Brown-Graves Company (“Brown-Graves”), appeals the judgment and award of attorneys’ fees for defendants, Central States Southeast and Southwest Areas Pension Fund (“Central States”), in this Employee Retirement Income Security Act (“ERISA”) case in which the district court determined that Brown-Graves was obligated to make contributions to Central States. For the reasons discussed below, we AFFIRM the district court’s decision.

BACKGROUND

Brown-Graves employed truck drivers pursuant to a series of three-year contracts negotiated with Local Union 348 of the International Brotherhood of Teamsters (“Local 348”). This appeal concerns whether Brown-Graves was obligated by the terms of these contracts to pay pension contributions to Central States on behalf of eight employees who were classified as “casual drivers.”

The Collective Bargaining Agreement (“CBA”) in effect from June 23, 1983, to June 23, 1986, makes no mention of a “casual driver” classification. During this-time frame, Brown-Graves employed casual drivers under an informal arrangement with Local 348. The “casual driver” classification first appeared in the parties’ CBA covering the period between June 23,1986, and June 23, 1989. The agreement stated that casual drivers were to be hired “without any fringe benefits.” Successive CBAs entered into by the parties in 1989 and 1992 contained nearly identical language concerning the casual driver classification.

In 1995, Central States conducted an audit of Brown-Graves’s payroll records for the period of December 30, 1990, through December 25, 1993, to determine whether Brown-Graves was making pension fund contributions under the CBA. Following the audit, Central States demanded Brown-Graves pay more than $30,000 in contributions and interest allegedly owed on behalf of certain employees classified as “casual drivers.” In 1996, Brown-Graves commenced suit seeking a declaratory judgment that there was no contractual obligation to make pension contributions on behalf of the casual drivers. Central States filed a counterclaim for recovery of the disputed contributions plus interest, costs and attorneys’ fees. Brown-Graves’s denial of an obligation to contribute to the pension fund from 1986 forward was based on the provision in the CBA stating that casual drivers will be hired “without any fringe benefits.”

The district court ruled that Brown-Graves owed $60,251.94 in pension contributions and interest for employees hired prior to June 23, 1986. , It further ruled that Brown-Graves owed $47,430.27 in contributions and interest for the employees hired after June 23, 1986, because those individuals did not qualify as “casual employees” under the ordinary dictionary definition of that term.

DISCUSSION

I. EMPLOYER CONTRIBUTIONS

The contracts at issue here did not define the term “casual driver.” Therefore, this court must decide what test should be applied to determine whether an employee is within the casual classifi[*683] cation. Section 515 of ERISA, 29 U.S.C. § 1145, governs employer contributions to multi-employer pension plans:

Every employer who is obligated to make contributions to a multi-employer pension plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreements.

Thus, employers are required to make contributions according to the terms of their contracts. Central States, Southeast and Southwest Areas Pension Fund v. Hartlage Truck Service, Inc., 991 F.2d 1357, 1360 (7th Cir.1993).

The CBA covering 1983-1986 made no mention of “casual drivers.” It provided that all new employees “shall be considered as probationary employees for a period of ninety (90) calendar days” and that new drivers were not to become eligible under the plan for thirty days. Brown-Graves claims it had an informal agreement with Local 348 pertaining to casuals. Nevertheless, the 1983-1986 CBA was unambiguous and must be interpreted without any regard to parol evidence. The subsequent CBAs did contain “casual driver” language, but did not define the term.

Since June 23, 1986, Brown-Graves classified each new driver as a “casual driver.” The language in the post-1986 CBAs excluding casual drivers from pension benefits was unambiguous. However, it did not provide notice to Central States that Brown-Graves gave the term “casual employee” an unusual meaning which allowed it to call all new employees “casual” for indefinite periods of time. Central States would not have accepted Brown-Graves’s post-1986 CBAs had it known that Brown-Graves planned to call every newly hired employee a “casual” for periods up to four years so it could avoid pension payments. The district court stated that:

While Central States noted that the post-1986 CBAs excluded “casual employees” from participation, Central States accepted the CBAs because there was no indication in the CBAs that the employer had assigned a meaning to the term “casual employee” other than the standard definition of short term, temporary, sporadic employees which would not violate Central States’ rules.

The Sixth Circuit has not addressed the issue of whether, in the absence of a definition in the contract, the ordinary dictionary definition or some other definition should apply to determine whether or not an employee is “casual.” The Seventh and Eighth Circuits have addressed the issue. The Eighth Circuit has concluded that an employer could not avoid contributions to the pension fund for “casual” employees by making an agreement with the union to attach a different meaning from its plain meaning. See Central States, Southeast and Southwest Areas Pension Fund v. Independent Fruit & Produce Co., 919 F.2d 1343 (8th Cir.1990). The Seventh Circuit reached the opposite conclusion. It held that an employer is required to make contributions to pension plans only on behalf of those employees as indicated in the CBAs, and if casual employees are excluded from benefits in the CBA, then any employee so designated is excluded from benefit contributions. See Central States, Southeast and Southwest Areas Pension Fund v. Hartlage Truck Service, Inc., 991 F.2d 1357, 1360 (7th Cir.1993).

In Independent Fruit, the employers had negotiated a CBA which provided that casuals would not be eligible for pension contributions, but it did not define casuals. Central States conducted an audit and determined the employer owed contributions for several employees because the number of hours they worked indicated that they were not casual employees. The Eighth Circuit held that the CBAs involved were not ambiguous and there was nothing in the CBAs suggesting anything other than the ordinary dictionary definition of casual was intended. Independent Fruit, 919 F.2d at 1352. The court stated that:

[*684] Given the purpose of written contracts and section 515 of ERISA, the parties to a collective bargaining agreement are bound by the terms of their agreement, regardless of their undisclosed intent. By so holding, we merely reaffirm a basic rule of contract interpretation. “A signatory to a contract is bound by its ordinary meaning even if he gave it an idiosyncratic one; private intent counts only if it is conveyed to the other party and shared.” [citation omitted]. Section 515 of ERISA emphasizes that this is especially true as to third parties obligated to administer a pension fund according to the terms of written agreements.

Id. at 1353.

Hartlage Tmck Service, Inc. is distinguishable from the present case and Independent Fmit. In Hartlage, the court stated:

The CBAs in this case — unlike the collective bargaining agreements at issue in Independent Fmit — clearly express the parties’ intent. Hartlage and the Union openly expressed their agreed understanding of the phrase “casual employee” in the CBAs. We have no doubt that the Funds could have easily ascertained the meaning the parties attributed to that phrase. We need not, therefore, look to a dictionary definition for guidance as the Independent Fmit court did. Rather, as required by section 515, we enforce the terms of the CBAs and conclude that Taylor, Vorwold, and Vail were casual employees.

Hartlage Truck Service, Inc., 991 F.2d at 1362. The court determined that as the parties agreed to a specific definition of “casual” the ordinary definition was not appropriate.

As in Independent Fmit and unlike Hartlage Tmck Service, Inc., the CBAs involved in the present case do not define “casual.” Furthermore, Central States had no notice of the unusual meaning Brown-Graves attached to the term “casual employees.” As the Eighth Circuit has done, we shall apply the ordinary meaning to the term “casual employee” where no other definition is contained in the CBAs and Central States had no reason to know of the unusual definition used by Brown-Graves. Consequently, the district court was correct in ruling that Brown-Graves was contractually obligated to make contributions on behalf of employees classified as “casual drivers.”

II. DEFENSE OF LACHES AND ESTOPPEL

Laches consists of two elements: (1) unreasonable delay in asserting one’s rights; and (2) a resulting prejudice to the defending party. Meade v. Pension Appeals and Review Committee, 966 F.2d 190, 195 (6th Cir.1992). In the present case, there was no unreasonable delay. As the district court stated, Central States did not know of the problem with Brown-Graves’s unusual interpretation of the term “casual drivers” prior to the 1995 audit. Immediately after the audit, Central States notified Brown-Graves of its claim for contributions.

There was also no resulting prejudice to Brown-Graves. Brown-Graves states that if it had been notified of Central States’s claim sooner it could have “taken steps to avoid being sued for the disputed contributions.” However, the only “steps” Brown-Graves could have taken would have been to make the contributions. Consequently, the laches defense fails.

The elements of estoppel are: (1) conduct or language amounting to a representation of fact; (2) the party to be es-topped must be aware of the true facts; (3) the party to be estopped must intend that the representation be acted on such that the party asserting the estoppel has the right to believe it was so intended; (4) the party asserting the estoppel must be unaware of the true facts; and (5) the party asserting the estoppel must detrimentally and justifiably rely on the representation. Armistead v. Vernitron Corp., 944 F.2d 1287, 1298 (6th Cir.1991). As noted, the district court determined that until the 1995 audit, Central States did not[*685] know of Brown-Graves’s unusual definition of “casual drivers.” Furthermore, after Central States became aware of the problem, it notified Brown-Graves of its claim for contributions. The elements of laches and estoppel are not met. As a result, these doctrines do not bar Central States’s claims for pension contributions on behalf of employees classified as “casual drivers.”

AFFIRMED.