Operating Engineers Health And Welfare Trust Fund For Northern California v. TDW Construction, Inc.

INTRODUCTION

19 In this ERISA action arising of defendant’s late payments of fringe benefits, plaintiffs 20 move for summary judgment. Plaintiffs allege breach of the parties’ collective bargaining 21 agreements and seek liquidated damages, interest, and attorney’s fees. For the following 22 reasons, their motion is GRANTED IN PART AND DENIED IN PART. 23

STATEMENT

24 Defendant TDW Construction, Inc., entered into two collective bargaining agreements 25 with the Operating Engineers Local 3 of the International Union of Operating Engineers, AFL- 26 CIO (“Union”), covering the time period relevant to this action. The collective bargaining 27 agreements required defendant to make regular health and welfare, pension and other fringe- 1 benefit contributions on behalf of its employees for all hours worked to plaintiff employee- 2 benefit trust funds (hereinafter “the plans”) (Dkt. No. 12 at ¶ 11–14) (see also Reding Decl., 3 Exhs. A, B, C). Contributions were due on the fifteenth day of the month following the month in 4 which hours were worked, and became delinquent on the 25th day. Delinquent contributions 5 entitle the plans to liquidated damages, interest,…