Heat and Frost Insulators and Allied Workers Local 25 Welfare Fund et al v. Highland Environmental Services, Incorporated et al
Filing
28
ORDER Denying 24 MOTION for Summary Judgment filed by Plaintiffs and DISMISSING CASE Signed by District Judge Arthur J. Tarnow. (MLan)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HEAT & FROST INSULATORS &
ALLIED WORKERS LOCAL 25
WELFARE FUND, ET AL.,
Plaintiffs,
Case No. 11-14250
SENIOR UNITED STATES DISTRICT JUDGE
ARTHUR J. TARNOW
v.
MAGISTRATE JUDGE MONA K. MAJZOUB
HIGHLAND ENVIRONMENTAL
SERVICES, INC. ET AL.,
Defendants.
/
ORDER AND JUDGMENT DENYING PLAINTIFFS’ MOTION FOR
SUMMARY JUDGMENT [24] AND DISMISSING CASE
Before the Court is Plaintiffs’ Motion for Summary Judgment [24]. On July 11,
2013, the Court heard argument on the motion. At the hearing, the Court found that
Plaintiffs’ claim to a minimum of 160 hours of employer benefit contributions per
month for employees with an ownership interest in their employer was premised on
a policy “restatement” unilaterally issued by Plaintiff pension funds related to
“Delinquent Employer Collection Procedures.” The Court found that the language in
the restatement conflicted with language in the CBA and Pension Plan, which
unambiguously stated that contributions were to be made on an hourly basis for
“hours actually worked.” As the restatement itself noted that any conflict between the
restatement and the Pension Plan or CBA should be resolved against the restatement,
the Court found that Plaintiffs’ claims were unambiguously barred by the CBA and
Pension Plan.
Accordingly, the Court being fully advised in the premises, and for the reasons
stated on the record,
IT IS HEREBY ORDERED that Plaintiffs’ Motion for Summary Judgment
[24] is DENIED. Having rejected Plaintiffs’ cause of action, and Defendants having
agreed at the hearing to withdraw their counterclaims, all issues have been resolved.
Accordingly, this case is DISMISSED and closed.
SO ORDERED.
Dated: July 18, 2013
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge
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