result in underfunded plans that could not pay appropriate benefits to their beneficiaries. Id. at 1451; see also Santa Monica Culinary Welfare Fund, 920 F.2d at 1494; New York State Teamsters Conference Pension and Retirement Fund v. Boening Bros., Inc., 891 F.Supp. 81, 86 (N.D.N.Y.1995), aff'd, 92 F.3d 127 (2d Cir.1996). The instant matter, as well, involves a provision essential to the management of the Welfare Fund and the Pension Fund to ensure the employers are contributing in accordance with their obligations. Because the Welfare Fund and the Pension Fund are dependant upon participant contributions, the collection power attributed to the Trustees of the Funds is essential to the Funds management and viability. Contra Jaspan v. Glover Bottled Gas Corp., 80 F.3d 38, 41 (2d Cir.) (<HOLDING>), cert. denied, — U.S. —, 117 S.Ct. 77, 136
holding that nonsignatory settlor and trust beneficiaries could be compelled to arbitrate under account agreement between trustee and merrill lynch which contained an arbitration clause because agreement was the underlying basis for all the claims of the beneficiaries and there would have been no claims without the agreement holding that liquidated damages provision in trust agreement would not bind nonsignatory because it was merely helpful to the trustees but  not essential to  management of the funds holding that plaintiff could not have been surprised that trial court would scrutinize liquidated damages provision prior to enforcement even though the issue of the enforceability of the provision was not raised as an affirmative defense holding that trustees fiduciary duty exists independent of any clause in trust agreement holding that an exception to the rule that a nonsignatory cannot invoke arbitration exists when under agency or related principals the relationship between the nonsignatory and a signatory is sufficiently close that the only way to avoid eviscerating the arbitration agreement is to allow the nonsignatory to compel arbitration