Bd. of Trs. Local 392 v. B&B Mech. Servs., No. 14-4017 (6th Cir. 2015)
Annotate this CaseFive multi-employer fringe benefit funds of the Plumbers, Pipe Fitters & Mechanical Equipment Service, Local Union 392, sued to collect delinquent employee fringe benefit contributions from B&B, an Ohio commercial plumbing contractor. The Funds were established for the benefit of contractors’ employees who perform work under a collective bargaining agreement (CBA) negotiated between the Union and the Mechanical Contractors Association as agent for its member employers. During discovery, the Funds were unable to produce a copy of the CBA that was signed by B&B. B&B argued that the Funds had failed to produce proof that B&B’s principal independently signed the CBA, and that B&B had made 10 years of contributions on a voluntary basis. The Sixth Circuit reversed summary judgment in favor of B&B, concluding as a matter of law that B&B entered written agreements setting out its obligation to contribute as required by the Labor Management Relations Act 302(c)(5)(B) and is bound to pay delinquent contributions that are owed to the Funds in accordance with the terms of the CBA and the trust agreements.
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