Northwest Administrators, Inc. v. Sacramento Stucco

FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL

INTRODUCTION

This case was tried by the Court on October 27 and 28, 1998. Michael J. Carroll and Timothy A. Charshafjian appeared on behalf of Plaintiff Northwest Administrators, Inc. (“Plaintiff’), and Philip A. Wright appeared on behalf of Defendant Sacramento Stucco Co. (“Defendant”). Following the trial, both sides filed proposed Findings of Fact and Conclusions of Law on January 21, 1999. Defendant filed an Opposition to Plaintiffs Proposed Findings on February 5,1999, and the case was submitted.

PROCEDURAL BACKGROUND

This action concerns a dispute over contributions by employer Sacramento Stucco (“Defendant”) to the Western Conference of Teamsters Pension Fund (the “Trust Fund”) between 1992 and 1995, pursuant to Defendant’s collective bargaining agreements with Teamsters Local Union No. 150 (the “Union”). The Trust Fund is administered by Plaintiff. Plaintiff seeks $218,434 in unpaid contributions, liquidated damages, costs and attorneys’ fees.

Sacramento Stucco and the Union have entered into collective bargaining agreements since 1977. The 1990 and 1993 collective agreements (collectively the “CBAs”), are the…