Greater St. Louis Construction Laborers Welfare Fund v. Symmetry Landscaping, Inc.
4:09-cv-00401
E.D. Mo.Jan 13, 2012Background
- Plaintiffs are ERISA employee benefit plans, trustees, fiduciaries, and NLRA labor organizations seeking delinquent fringe contributions under ERISA §515 and LMRA.
- Defendants are Symmetry Landscaping, Inc. (SL, Inc.) and Symmetry Design and Installation, LLC (SD&I, LLC), alleged to be bound by CBAs with the unions.
- Plaintiffs allege SL, Inc. and SD&I, LLC owe contributions based on hours worked under the CBAs and have been audited for delinquent payments.
- A May 2007–April 2012 CBA allegedly binding SL, Inc. is at issue, including an irrigation addendum; the addendum raises questions about which Symmetry entity is bound.
- SD&I, LLC is alleged to be bound by the May 2002–April 2010 Modular Block Wall CBA; a payroll examination reports delinquent hours, while SD&I disputes the accuracy and scope of hours.
- The court denied summary judgment to both defendants, finding genuine disputes of material fact preclude judgment in plaintiffs’ favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SL, Inc. bound by CBA | SL, Inc. signed the CBA, binding it to contributions. | SL, Inc. contends it did not sign or is not a party to the CBA; only SD&I or Symmetry Irrigation signed. | Genuine dispute exists; no summary judgment for SL, Inc. |
| Whether SD&I, LLC bound by Modular Block Wall CBA | SD&I, LLC is bound by hours worked under the CBA and liable for delinquent contributions. | SD&I disputes hours that are covered by the CBA and challenges the audit’s allocation. | Genuine disputes of material fact preclude summary judgment for SD&I, LLC. |
| Whether plaintiffs are entitled to summary judgment on audit results | Audit shows delinquent hours; entitlement to damages, interest, fees, costs. | Disputes over hours and scope negate entitlement; accounting evidence is contested. | Not entitled to summary judgment due to disputed audit calculations. |
| Equitable consideration re overpayments/counterclaim | Court did not grant judgment on counterclaim; issues of fact remain. |
Key Cases Cited
- Minn. Chapter of Assoc’d Builders & Contractors, Inc. v. Minn. Dept. of Pub. Safety, 267 F.3d 807 (8th Cir. 2001) (ERISA framework and uniform standards for employee benefit plans)
- Crest Tankers, Inc. v. Nat’l Maritime Union of Am., 796 F.2d 234 (8th Cir. 1986) (binding collective bargaining agreements; employer bound if closely tied to signatory)
- Southwest Adm’r, Inc. v. Rozay’s Transfer, 791 F.2d 769 (9th Cir. 1986) (requirement of binding CBA for ERISA contributions)
- Don Richardson Concrete Co., 775 F.Supp. 1249 (D. Minn. 1991) (audit findings not automatically presumed valid; factual disputes permitted)