McCleskey v. DLF Constr., Inc., No. 11-1826 (7th Cir. 2012)
Annotate this CaseThe Union established two funds for its members—a Pension Fund and a Health & Welfare Fund. DLF entered into a Memorandum of Agreement with the Union, under which DLF agreed to be bound to all Collective Bargaining Agreements between the Union and various employer associations in the geographical jurisdiction of the Union. Under the CBA, DLF is required to make fringe benefit contributions to the Funds on behalf of members of the Union. An audit of DLF’s payroll records showed that DLF had failed to make contributions on behalf of Mata, a cement mason who also performed other work (such as painting), for 1,119.5 hours in 2007 and for 234.5 hours in 2008, a total $11,955.05 in fringe benefit contributions. The district court granted summary judgment in favor of the Funds, The Seventh Circuit affirmed rejecting DLF’s argument that, under the MOA, it is not contractually bound to make contributions for non-bargaining unit work. The MOA binds DLF to the CBAs and establishes the type of employee covered under the CBA. It was not intended to, and does not, define bargaining unit work for purposes of fringe benefit contributions.
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