Pension Trust Fund for Operating Engineers v. Triple a MacHine Shop, Inc.

Appellant Pension Trust Fund for Operating Engineers (“Trust Fund”) appeals the district court’s grant of summary judgment in favor of appellee Triple A Machine Shop, Inc. (“Triple A”). Trust Fund brought this action alleging that Triple A violated sections 502 and 515 of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1132 and 1145, and section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185 , by failing to report timely and accurate pension trust fund contributions to Trust Fund. Trust Fund sought an audit of Triple A’s books and records to determine the existence and amount of the alleged transgressions. Further, Trust Fund sought recovery of these contribution amounts, liquidated damages, interest, costs and attorneys’ fees.

The district court granted Triple A’s motion for summary judgment upon a determination that Trust Fund’s entire action was barred by res judicata. The district court concluded that Trust Fund’s Federal complaint concerned the same “primary rights” as its former Municipal court complaint, which alleged that Triple A “failed, neglected or refused to pay fringe benefit contributions as required by the [Master…