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)

Download PDF
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 Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?