Locals 302 and 612 of the International Union of Operating Engineers Construction Industry Health and Security Fund v. Barry Civil Construction, Inc.
2:16-cv-00387
W.D. Wash.Jan 11, 2017Background
- Plaintiffs (three trust funds and Local 302) sued Barry Civil Construction, Inc. under ERISA and Section 301 of the LMRA to collect unpaid trust contributions, liquidated damages, interest, attorney’s fees, costs, and audit fees.
- Barry Civil was a signatory to a compliance agreement adopting the CBA, which incorporated three Trust Agreements requiring monthly self-reported contributions based on employee hours and providing for interest, liquidated damages, audit fees, and collection costs for delinquencies.
- WPAS conducted for-cause testing covering Jan. 1, 2014–Sept. 30, 2015 and found substantial underpayments; after crediting amounts previously paid under a March 2015 settlement, plaintiffs sought revised sums.
- Plaintiffs moved for summary judgment without opposition, seeking $68,491.76 in contributions, $8,503.92 in liquidated damages, $21,943.28 in interest (accruing), and later determination of reasonable attorneys’ fees, costs, and audit fees.
- The court found the material facts undisputed and that Barry Civil was contractually and statutorily liable for delinquent contributions and related remedies under ERISA and the Trust Agreements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barry Civil is liable for unpaid contributions for Jan 1, 2014–Sept 30, 2015 | Trusts: Barry Civil failed to make required contributions per CBA/Trust Agreements and is delinquent | No opposition; facts undisputed | Court: Liability established; summary judgment for plaintiffs |
| Whether plaintiffs are entitled to interest on unpaid contributions | Plaintiffs seek interest through Sept 20, 2016 and accruing | No opposition | Court: Interest awarded; amount to be calculated and accruing ($21,943.28 as of Sept 20, 2016) |
| Whether plaintiffs are entitled to liquidated damages under 29 U.S.C. § 1132(g)(2) | Plaintiffs seek $8,503.92 in liquidated damages (less than interest or 20% cap) | No opposition | Court: Liquidated damages of $8,503.92 awarded |
| Whether plaintiffs are entitled to attorneys’ fees, costs, and audit/testing fees | Plaintiffs request reasonable fees and testing fees to be determined later | No opposition | Court: Plaintiffs may submit supported calculations; court will determine fees and audit costs later |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard)
- Celotex Corp. v. Catrett, 477 U.S. 317 (moving party’s initial burden on summary judgment)
- Nw. Adm’rs, Inc. v. Albertson’s, Inc., 104 F.3d 253 (conditions for awards under 29 U.S.C. § 1132(g)(2))
- Idaho Plumbers & Pipefitters Health & Welfare Fund v. United Mech. Contractors, Inc., 875 F.2d 212 (interpretation of § 1132(g)(2) remedies)