Rodriguez

In this action brought by a laborer against his union, the trial court entered a judgment of dismissal which was essentially a judgment on the pleadings. The basis for the judgment was a bar of the statute of limitations. Plaintiff appeals. We reverse.

Plaintiff is a long-standing member of Local 783 of the Laborers International Union of North America (Union). As a result of a collective bargaining agreement between the Union and certain employers, a pension system was established for members of the Union.

In 1976, plaintiff applied for a disability pension. His application was denied for the reason he had suffered a so-called “break in service” during the required period of employment. That “break in service” resulted from plaintiff’s working for employers who were not signatories to the collective bargaining agreement and who made no contributions to the pension fund.

The gravamen of plaintiff’s complaint against the Union here is that the Union, in assigning plaintiff to jobs through its hiring hall, negligently assigned him to non-signatory employers and failed to advise him of the fact that such assignments would adversely affect his pension rights.

29 United…