United States District Court, D. Minnesota
David Manderson and Peter Lindahl, as Trustees of the IBEW Local No. 292 Health Care Plan; Trustees of the Electrical Workers Local No. 292 Pension Fund; as Trustees of the Electrical Workers Local No. 292 Defined Contribution Plan; as Trustees of the Electrical Workers Local No. 292 Vacation & Holiday Fund; Trustees of the Electrical Workers Local No. 292 Supplemental Unemployment Plan; and as Trustees of the Minneapolis Electrical Industry Board/JATC/LMCC; and each of their successors, and the Minneapolis Electrical Industry Receiving Agency, Plaintiffs,
Elliott Contracting Corporation, Defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR
ENTRY OF JUDGMENT
DONOVAN W. FRANK UNITED STATES DISTRICT JUDGE
matter was heard before the undersigned District Court Judge
on March 29, 2019. Amanda R. Cefalu of Kutak Rock, LLP
appeared for and on behalf of the Plaintiffs. There was no
appearance on behalf of the Defendant.
Plaintiffs filed a Summons and Complaint in this matter on
August 31, 2018. Defendant was personally served with the
Summons and Complaint in this matter on September 13, 2018.
(Doc. Nos. 1, 3.)
Plaintiffs David Manderson and Peter Lindahl, and any
subsequently appointed successors, are Trustees of the IBEW
Local No. 292 Health Care Plan, the Electrical Workers Local
No. 292 Pension Fund, the Electrical Workers Local No. 292
Defined Contribution Plan, the Electrical Workers Local No.
292 Vacation & Holiday Fund, the Electrical Workers Local
No. 292 Supplemental Unemployment Plan and the Minneapolis
Electrical Industry Board/JATC/LMCC (collectively “the
IBEW Local 292 Fringe Benefit Funds” or
Plaintiff Funds are trustees and fiduciaries of the
above-referenced funds (the “Funds”). The Funds
are joint fringe benefit trust funds which are multi-employer
plans as defined by 29 U.S.C. section 1002(37) established to
provide pension, health and welfare, vacation benefits and
training to employees performing covered work. The fringe
benefit plans for which Plaintiffs are Trustees are
maintained by the Union and employers for the benefit of
workers pursuant to a Collective Bargaining Agreement.
Plaintiff the Minneapolis Electrical Industry Receiving
Agency (“MEIRA”) is a receiving agency
established pursuant to an agreement with the Funds and the
IBEW Local 292 and empowered pursuant to a labor agreement to
take action to collect all amounts owed pursuant to that
all times material herein, Defendant, through its execution
of a Letter of Assent was bound by a certain Collective
Bargaining Agreement (a/k/a Inside Agreement) between the
Minneapolis Chapter, National Electrical Contractors
Association, and the International Brotherhood of Electrical
Workers, Local Union Number 292, A.F.L.-C.I.O.
Inside Agreement requires employers such as Defendant to make
contributions to the Funds in accordance with their terms.
These contributions must be made on behalf of all employees
covered by the Inside Agreement, in amounts set forth and
agreed upon therein, for the purpose of funding
Defendant, per the Inside Agreement, is required to compute
its contribution obligation and pay it to the agent of the
Trustees on or before the 15th day of the month following the
month for which the contribution is being made.
Defendant is also required to submit to the agent a monthly
payroll report on a standard form containing such information
about the employees in the bargaining unit as the Trustees
the time the Complaint was filed in this action, Defendant
had breached the Inside Agreement by failing to timely submit
the fringe fund reports and the contributions due and owing
pursuant to the Funds for hours worked during the months of
April and May 2018.
Plaintiff Funds requested that Defendant submit employment
and payroll records for audit and review for the period of
January 2016 through May 2018 for audit and ...