Bunn Enterprises, Inc. v. Ohio Operating Engineers Fringe Benefit Programs

7 F. Supp. 3d 752, 58 Employee Benefits Cas. (BNA) 1518, 2014 U.S. Dist. LEXIS 33222, 2014 WL 988571
CourtDistrict Court, S.D. Ohio
DecidedMarch 14, 2014
DocketCase No. 2:13-CV-00357
StatusPublished
Cited by2 cases

This text of 7 F. Supp. 3d 752 (Bunn Enterprises, Inc. v. Ohio Operating Engineers Fringe Benefit Programs) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bunn Enterprises, Inc. v. Ohio Operating Engineers Fringe Benefit Programs, 7 F. Supp. 3d 752, 58 Employee Benefits Cas. (BNA) 1518, 2014 U.S. Dist. LEXIS 33222, 2014 WL 988571 (S.D. Ohio 2014).

Opinion

OPINION & ORDER

ALGENON L. MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on Defendants’ 1 Motion for Summary Judgment (Doc. 33). Defendants seek summary judgment on all claims by all Plaintiffs,2 as well as on all counterclaims, on the grounds that the language of the Collective Bargaining Agreement (“CBA”) requires fringe benefit contributions to be made for all hours paid to all employees, without distinction to whether the work is “covered work” under the CBA. Plaintiffs respond that the Court’s prior cases misconstrue the CBA, and Sixth Circuit precedent, and should be reconsidered. For the reasons set forth herein, Defendants’ Motion is GRANTED. Plaintiffs claims are hereby DISMISSED.

II.STATEMENT OF FACTS

The facts of this case have been set out in detail in the Court’s Opinion and Order granting in part and denying in part Plaintiffs Motion for a Preliminary Injunction. (Doc. 24). For the purposes of this Motion, the Court need not restate them.

III.PROCEDURAL POSTURE

Plaintiffs commenced this action on April 16, 2013 (Doc. 1). On the same day, Plaintiffs moved for a Temporary Restraining Order (“TRO”) and Preliminary Injunction (“PI”) (Doc. 4). On April 25, 2013, the Court granted in part and denied in part the request for a TRO. (Doc. 8). [754]*754Two months later, on June 19, 2013, 2013 WL 3147956, the Court granted a PI as to Plaintiff Morgan, but denied the request for a PI in all other respects. (Doc. 24). On May 30, 2013, Plaintiffs filed their Amended Complaint. (Doc. 18). Defendants answered and filed their counterclaims on June 12, 2013. (Doe. 22). Plaintiffs answered the counterclaims on July 3, 2013. (Doc.29).

On June 14, 2013, Defendants moved for Judgment of the Pleadings with regard to all Individual Plaintiffs, on the grounds that they failed to exhaust administrative remedies. (Doc. 23). This Motion remains pending before the Court. On August 26, 2013, Defendants filed the Motion for Summary Judgment sub judice. (Doc. 33). The matter has been fully briefed. (See Doc. 41; Doc. 43). On September 9 and September 20, 2013, Defendants Local 18 and Joseph Lucas (the “Union Defendants”), respectively, filed their answers to the Amended Complaint. (Doc. 35; Doc. 39). On December 20, 2013, the Union Defendants moved for judgment on the pleadings (Doc. 44). This Motion has also been fully briefed. (See Doc. 45; Doc. 47).

IV. STANDARD OF REVIEW

Federal Rule of Civil Procedure 56 provides, in relevant part, that summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” A fact is deemed material only if it “might affect the outcome of the lawsuit under the governing substantive law.” Wiley v. United States, 20 F.3d 222, 224 (6th Cir.1994) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). The nonmoving party must then present “significant probative evidence” to show that “there is [more than] some metaphysical doubt as to the material facts.” Moore v. Philip Morris Cos., Inc., 8 F.3d 335, 339-40 (6th Cir.1993). The suggestion of a mere possibility of a factual dispute is insufficient to defeat a motion for summary judgment. See Mitchell v. Toledo Hospital, 964 F.2d 577, 582 (6th Cir.1992) (citing Gregg v. Allen-Bradley Co., 801 F.2d 859, 863 (6th Cir.1986)). Summary judgment is inappropriate, however, “if the dispute is about a material fact that is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the non-moving party.” Anderson, 477 U.S. at 248,106 S.Ct. 2505.

The necessary inquiry for this Court is “whether ‘the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.’ ” Patton v. Bearden, 8 F.3d 343, 346 (6th Cir.1993) (quoting Anderson, 477 U.S. at 251-52, 106 S.Ct. 2505). In evaluating such a motion, the evidence must be viewed in the light most favorable to the nonmoving party. United States S.E.C. v. Sierra Brokerage Servs., Inc., 712 F.3d 321, 327 (6th Cir.2013). The mere existence of a scintilla of evidence in support of the opposing party’s position will be insufficient to survive the motion; there must be evidence on which the jury could reasonably find for the opposing party. See Anderson, 477 U.S. at 251, 106 S.Ct. 2505; Copeland v. Machulis, 57 F.3d 476, 479 (6th Cir.1995).

V. ANALYSIS

Defendants argue that “the only dispute between the parties is the legal issue of whether the CBA requires contributions based upon all hours paid,” as Defendants urge, or whether Bunn is obligated to make contributions only based [755]*755upon hours worked that are “covered” under the CBA, as Bunn alleges. {Mot. for Summ. J., Doc. 33 at 8). Defendants maintain that the CBA’s language “has remained unchanged ... for decades,” and has been “repeatedly held by this Court to require contributions based upon all hours paid to the employees,” regardless of “[wjhether an employee is performing non-covered work for some of the hours he worked.” {Id.).

Defendants further argue that, as a result of Bunn’s contractual obligations under the CBA, Bunn has an additional, statutory obligation under 29 U.S.C. § 1145 to make fringe benefit contributions in this case, since § 1145 requires that every employer obligated to make contributions under the terms of a collectively bargained agreement “shall ... make such contributions in accordance with the terms and conditions of such ... agreement.” (Doc. 33 at 10-11). Defendants accordingly seek the full judgment authorized by 29 U.S.C. § 1132(g), which requires the Court to award any unpaid contributions, interest thereon, liquidated damages not to exceed 20% of the unpaid contributions, attorneys’ fees, and costs. (Doc. 33 at 11-12) (citing 29 U.S.C. §§ 1132(g)(2)(A)-(E)).

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7 F. Supp. 3d 752, 58 Employee Benefits Cas. (BNA) 1518, 2014 U.S. Dist. LEXIS 33222, 2014 WL 988571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bunn-enterprises-inc-v-ohio-operating-engineers-fringe-benefit-programs-ohsd-2014.