Summary
rejecting employer's argument that union failed to provide “skilled electrical field personnel” and by referring “electrical field personnel who were unqualified to perform the tasks required,” holding that, even if true “that would not affect its obligation to the Funds” because “an employer may not raise the Union's breach of the CBA as a defense against an employee benefit fund suing for delinquent contributions unless the CBA preserved such a defense in ‘unequivocal words.’ ”
Summary of this case from Trs. of the Eighth Dist. Elec. Pension Fund v. Gietzen Elec., Inc.Opinion
05-CV-710A.
November 19, 2007
ORDER
The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On October 24, 2007, Magistrate Judge Schroeder filed an Amended Report and Recommendation, recommending that plaintiffs' motions for summary judgment be granted and that the Union be awarded judgment in the amount of $15,388.16 plus 9% interest from September 1, 2005; the Health, Pension, Annuity, Education Unit Pension Funds be awarded judgment totaling $215,739.75 plus 24% interest on the delinquent principal contributions from August 12, 2006 through the date of judgment and the National Electrical Benefit Fund be awarded judgment in the amount of $12,027.40 plus 10% interest on the delinquent principal contributions from August 12, 2006 through the date of judgment.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, plaintiffs' motions for summary judgment are granted and the Union is awarded judgment in the amount of $15,388.16 plus 9% interest from September 1, 2005; the Health, Pension, Annuity, Education Unit Pension Funds is awarded judgment totaling $215,739.75 plus 24% interest on the delinquent principal contributions from August 12, 2006 through the date of judgment and the National Electrical Benefit Fund is awarded judgment in the amount of $12,027.40 plus 10% interest on the delinquent principal contributions from August 12, 2006 through the date of judgment.
The Clerk of Court shall take all steps necessary to close the case.
SO ORDERED.