U.A. Local 342 Apprenticeship & Training Trust Larry Blevins, Trustee v. Babcock & Wilcox Construction Co., Inc.

Seven and a half cents doesn’t buy a helluva lot,

Seven and a half cents- doesn’t mean a thing,

But give it to me ev’ry hour,

Forty hours ev’ry week,

That’s enough for me to be Livin’ like a king.

Facts

Babcock & Wilcox Construction Co. entered into the National Industrial Maintenance Agreement (“NIMA”), a collective bargaining agreement, with the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of-the United States and Canada. (“U.A.”). Whenever local U.A. unions work on projects that fall within the scope of the NIMA, the terms of any local labor agreements to which the unions may also be parties apply only to the extent that the NIMA incorporates them.

One area in which the NIMA refers to local agreements is benefit fund contribution obligations. For example, the NIMA incorporates required apprentice training fund contributions:

NIMA, art. IX ¶ 34. Industry promotion fund contributions, however, are not mandatory:

Art. IX ¶ 36.

The local agreement at issue here provides for a variety of fund contributions, including 75 cents per hour of work to the U.A. Local No. 342 apprentice training fund and 25 cents to industry promotion…