Carpenters Fringe Ben. Funds v. Able Bros. Const., No. 90 C 6482.
Decision Date | 18 February 1993 |
Docket Number | No. 90 C 6482. |
Citation | 813 F. Supp. 643 |
Parties | CARPENTERS FRINGE BENEFIT FUNDS OF ILLINOIS, Plaintiffs, v. ABLE BROS. CONSTRUCTION, INC., a corporation, Defendant. |
Court | U.S. District Court — Northern District of Illinois |
Bernard M. Baum, James Merrill Neuman, Alan H. Auerbach, Baum & Sigman, Ltd., Chicago, IL, for plaintiffs.
Robert Patrick Casey, Dwight D. Pancottine, Michelle T. Barrett, Murphy, Smith & Polk, Chicago, IL, for defendant.
This is an action brought by Carpenters Fringe Benefit Funds of Illinois, jointly-administered, labor-management fringe benefit funds ("plaintiffs"), alleging that Able Bros. Construction, Inc. ("defendant") has failed to pay all necessary contributions for work performed by beneficiaries of the plaintiffs. The action is brought pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. §§ 1132, 1145. The plaintiffs have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated herein, the plaintiffs' motion is denied.
This dispute focuses on alleged benefit contributions that were not made by the defendant to the plaintiffs.
The defendant and the Fox River Valley District Council of Carpenters of the United Brotherhood of Carpenters and Joiners of America ("Union") executed a document entitled "Memorandum of Agreement" on September 17, 1970. (Defendant's Rule 12(N) Statement, No. 3).
The one-page document is set out in relevant portion below.
(Smith Affidavit, Exhibit A.)
This Memorandum of Agreement has not been terminated by written notice.
The plaintiffs claim that Memorandum of Agreement binds the defendant to the collective bargaining agreements and trust agreements referenced therein. This includes the voluminous Joint Agreement between the Union and the Fox Valley General Contractors Association. (Smith Affidavit, Exhibit B.) The defendant maintains that it never received, reviewed or executed any copies of the association agreement or trust agreements allegedly incorporated by reference in the Memorandum of Agreement. (Defendant's Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment, p. 2.) Defendant asserts that it believed the Memorandum Agreement only applied to union carpenters, and only required the defendant to pay union wages and fringe benefits to the union carpenters that defendant hired. (Defendant's Memorandum in Opposition, p. 2.) Defendant further states that, other than paying union wages and fringe benefits to its union carpenter employees, defendant was never required to conform its employment practices to the requirements contained in association agreement. (Defendant's Memorandum in Opposition, p. 3.)
The defendant asserts that it has made all the contributions to the plaintiffs which the defendant believes were required since signing the Memorandum of Agreement in 1970. (Estes Affidavit, ¶ 4.) The plaintiffs have submitted documentation that the defendant has made contributions at least through April 1990. (Plaintiffs' Memorandum in Reply, Exhibit 1.) The defendant is a presently defunct corporation that has not operated since the Spring of 1991. (Estes Affidavit, p. 1.)
The plaintiffs assert that the defendant has several obligations under the agreements and declarations of trust:
(Plaintiffs' 12(N) Statement, ¶ 5.)
An audit of the defendant's payroll books and records for the months of January 1985 through April 1990 was conducted on behalf of the plaintiffs on May 29, 1990.1 (Halfpenny Affidavit, p. 8, Exhibit A.) Total alleged delinquencies found for the period were $17,581.00 in connection with two employees, L. Roberson and G. Hegeman.
ERISA Section 515, under which the plaintiffs have brought this action, provides:
Every employer who is obligated to make contributions to a multi-employer 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 agreement.
29 U.S.C. § 1145 (1985).
The plaintiffs claim damages as a consequence of this delinquency of $20,039.58, which is composed of the $17,581.98 delinquency, $1,758.20 liquidated damages (10% of the delinquency) and $699.40 in audit fees. (Plaintiffs' Memorandum in Support, p. 4.) The plaintiffs also claim $3,500 in costs and attorney's fees. (Plaintiffs' Memorandum in Support, pp. 4-5.)
The plaintiffs' damages track ERISA Section 502(g), which lists available damage awards:
29 U.S.C. § 1132 (1985).
The defendant has responded to the plaintiffs' motion with three legal theories as to why defendant is not liable in this case:
The plaintiffs have replied with three legal theories:
Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."
The defendant asserts that the 1970 Memorandum of Agreement is...
To continue reading
Request your trial-
Ill. Conference of Teamsters v. Steve Gilbert Trucking
...Michigan Laborers Health Care Fund v. Grimaldi Concrete, Inc., 30 F.3d 692, 696 (6th Cir.1994); Carpenters Fringe Benefit Funds v. Able Bros. Const., 813 F.Supp. 643, 650 (N.D.Ill.1993). Defendant breached his obligation to maintain records sufficient to determine the benefits due to his em......
-
Illinois Conf. of Teamsters v. Steve Gilbert Trucking, 92-3267.
...directly dealing with the burden of proof in determining damages in this type of an ERISA case. See Carpenters Fringe Ben. Funds v. Able Bros. Const., 813 F.Supp. 643, 650 (N.D.Ill.1993). There are, however, two circuit court cases on point, one from the Eleventh Circuit Combs v. King, 764 ......
-
TEAMSTERS LOCAL UNION v. NY STATE TEAMSTERS
...one court has subsequently questioned the validity of the holding in Caporale. See Carpenters Fringe Benefit Funds of Illinois v. Able Bros. Construction, Inc., 813 F.Supp. 643, 648 (N.D.Illinois, E.D.1993). ...
-
IN RE CONTINENTAL ILLINOIS SECURITIES LITIGATION, No. 82 C 4712.
... ... the outset of the case, Judge Walker was able to determine the best bargain available to the ... ...