Electrical Workers Pension Trust Fund of Local Union #58, IBEW et al v. Alpha Electric & Engineering, LLC et al

Filing 26

ORDER granting 16 Plaintiff's Motion for Partial Summary Judgment as to Liability on Counts III, IV and V and Directing that the Issue of Damages on these Counts be Referred to a Magistrate Judge. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ELECTRICAL WORKERS PENSION
TRUST FUND OF LOCAL #58, IBEW,
et al.,
Plaintiffs,
vs.

Case No. 11-15459

ALPHA ELECTRIC & ENGINEERING, LLC,
and GREGORY F. ALEXANDER,

HON. AVERN COHN

Defendants.
__________________________________/
ORDER
GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO
LIABILITY ONLY ON COUNTS III, IV, and V (Doc. 16)
AND
DIRECTING THAT THE ISSUE OF DAMAGES ON THESE COUNTS BE REFERRED
TO A MAGISTRATE JUDGE
This is a labor case. Plaintiffs Electrical Workers Pension Trust Fund of Local
Union # 58, et al1 sued defendants Alpha Electric & Engineering, LLC (AEE) and
1

Plaintiffs consist of various employee benefit trust funds as follows: the
Electrical Workers Pension Trust Fund of Local Union #58, IBEW, the Electrical
Workers’ Joint Board of Trustees Vacation Fund, the Electrical Workers’ Insurance
Fund, the Supplemental Unemployment Benefit Fund of the Electrical Industry, Detroit,
Michigan, the IBEW Local No. 58 Annuity Fund, the Joint Apprenticeship Training Trust
Fund, the Southeastern Michigan Contract Administration Fund, the Southeastern
Michigan Labor-Management Cooperation Trust Fund, the National Labor-Management
Cooperation Committee (in connection with Local Union #58), and the National
Electrical Benefit Fund (in connection with Local Union #58), all of which are known as
Electrical Workers’ Fringe Benefit Funds of Local Union No. 58 or “58 Funds”; the
National Electrical Benefit Fund and the National Electrical Annuity Fund, both in
connection with Local Union #17, IBEW, jointly referred to as the “National Funds”; and
the Michigan Electrical Employees’ Pension Fund, the Michigan Electrical Employees
Health Plan, the Flint Electrical Joint Apprenticeship and Training Committee Trust, the
Flint Labor-Management Cooperation Fund, the IBEW Local No. 948, the Administration
Maintenance Fund (in connection with Local Union #948), the National

Gregory Alexander (Alexander) in a six count complaint, as follows:
Count I

Breach of collective bargaining agreement - Local 58

Count II

Breach of collective bargaining agreement - Local 17

Count III

Breach of contract - 58 Funds

Count IV

Breach of contract - National Funds

Count V

Breach of contract - 948 Funds

Count VI

Breach of Guaranty (against Alexander)

Plaintiffs’ filed a motion for partial summary judgment on Counts III, IV, and V of
the complaint, all of which allege breach of a settlement agreement between the parties
regarding AEE’s obligation to make fringe benefit contributions to the associated funds.2
The Court held a hearing on plaintiff’s motion on June 20, 2012 at which it
directed plaintiffs to file a supplemental paper detailing, in tabular form, the amounts
owed/paid for each of the funds at issue: the 58 Funds, National Funds, and the 948
Funds. Plaintiffs filed a supplemental paper. (Doc 23). AEE filed a response,
essentially challenging the calculations and maintaining that it actually paid more than is
due at this point to the funds. (Doc. 25).

Labor-Management Cooperation Committee (in connection with Local Union #948), the
National Electrical Benefit Fund (in connection with Local Union #948), and National
Electrical Annuity Fund (in connection with Local Union #948), all of which are known as
Electrical Workers’ Fringe Benefit Funds of Local No. 948, “948 Funds” or “MEEP
Funds.” For simplicity, they will be referred to jointly as “Plaintiffs” or, in three separate
groups: the 58 Funds, the National Funds and the 948 Funds.
2

Plaintiffs also moved for partial summary judgment on Count IV, breach of
guaranty, against Alexander. However, after the filing of plaintiffs’ motion, plaintiffs and
Alexander entered into a consent order which provides, among other things, that
Alexander will be liable to the plaintiffs to the same extend Alpha is liable. See Doc. 22.
Thus, it appears that Count IV is resolved in plaintiffs’ favor and against Alexander.
2

Under these circumstances, and for the reasons stated on the record at the
hearing on June 20, 2012, plaintiffs’ motion for partial summary judgment is GRANTED
as to liability only on Counts III, IV and V. The issue of damages on these counts, if
any, will be referred to a magistrate judge. The Case Manager will enter a separate
order of reference. Counts I and II and continue.3
SO ORDERED.
_____________________________________

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: July 12, 2012

I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, July 12, 2012, by electronic and/or ordinary mail.

s/Julie Owens
Case Manager, [phone]

3

Plaintiffs shall advise the Court within ten (10) days as to what is left of Counts I
and II in light of this order.
3