Bunn Enterprises, Inc. v. Ohio Operating Engineers Fringe Benefit Programs, 7 F. Supp. 3d 752

Defendants moved for summary judgment on all claims, arguing CBA requires fringe benefits for all hours paid, regardless of whether work is covered.
Plaintiffs contend the CBA should be read to cover only hours for work explicitly defined as covered; they rely on prior cases for a narrower interpretation.
Court has long held in this district that fringe benefits extend to all hours paid, not just covered-work hours, under the CBA.
The dispute centers on interpretation of CBA language (Art. V, Art. I, and Art. II) and its application to non-covered hours.
Union defendants move for judgment on the pleadings on tortious interference claims, arguing no breach and no interference where the Funds’ audit followed the CBA terms.
Court grants defendants’ motion; case is dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
CBA interpretation of hours paid for fringe benefits	Bunn argues only hours for covered work are compensable	CBA requires contributions for all hours paid	Obligation extends to all hours paid
Tortious interference against union defendants	Union defendants interfered with Funds’ audit and contracts	No breach; union not liable	No breach found; claim fails
Statutory remedies under ERISA sections	Plaintiffs seek 1132(g) relief for unpaid contributions	Summary judgment on CBA interpretation resolves liability	ERISA remedies not needed beyond judgment on CBA interpretation

Noe v. R.D. Jones, Excavating, Inc., 787 F. Supp. 759 (S.D. Ohio 1992) (first post-interpretation discussion of all-hours-paid obligation)
Grimaldi Concrete, Inc. v. Michigan Laborers’ Health Care Fund, 30 F.3d 692 (6th Cir. 1994) (burden-shifting when records are inadequate; not dispositive of covered vs non-covered in all cases)
Ray Haluch Gravel Co. v. Central Pension Fund, 695 F.3d 1 (1st Cir. 2012) (reiterates enforcement of contributions for hours paid; policy concerns noted)