Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

OWEN v. ONE STOP FOOD & LIQUOR STORE

May 17, 1973

RICHARD P. OWEN ET AL., PLAINTIFFS,
v.
ONE STOP FOOD & LIQUOR STORE, INC., AND NDK CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Bauer, District Judge.

MEMORANDUM OPINION AND ORDER

This cause comes on the defendants' motion to dismiss the complaint. This action is brought under 29 U.S.C. § 185 for an alleged violation of a contract between an employer and a labor organization.

The plaintiffs are the Board of Trustees of Chicago Area Retail Food Clerks Pension Fund ("Pension Fund") which trust allegedly was created and exists in accordance with the provisions of 29 U.S.C. § 186(c) and pursuant to a certain Agreement and Declaration of Trust, dated November 25, 1963 as amended from time to time.

The defendants, One Stop Food & Liquor Store, Inc., and NDK, are employers in an industry affecting commerce as defined by the Labor Management Act of 1947 and have their principal places of business in Chicago, Illinois.

The plaintiffs in their complaint allege the following facts, inter alia:

  1.  The Pension Fund was established for the
      purpose of providing retirement benefits for
      employees (and their beneficiaries) whose
      employers have entered into a collective
      bargaining agreement with a labor
      organization which is a party to the Pension
      Fund's Agreement and Declaration of Trust.
      This Pension Fund arrangement is commonly
      referred to as a jointly administered
      multi-employer Pension Fund.
  2.  The Retail Food and Drug Clerks Union, Local
      1550, a party to the Pension Fund's Agreement
      and Declaration of Trust, entered into a
      collective bargaining agreement governing the
      wages, hours, conditions of work and terms of
      employment for employees of the defendants.
      This agreement became effective November 25,
      1964 and provides in Article 18 that
      defendants would contribute to the Pension
      Fund a certain sum on all straight-time hours
      worked by employees covered by the agreement.
      The agreement also provides that any employer
      who is sixty days delinquent in the payment
      of any or all of the contributions required
      by Article 18 shall pay as liquidated damages
      a sum of twenty dollars or ten percent of the
      amount delinquent, whichever is greater.
  3.  The defendants have failed and refused to
      contribute to the Pension Fund in accordance
      with the provisions of the collective
      bargaining agreement.
  4.  There is due to the Pension Fund the sum of
      $10,000 which constitutes unpaid
      contributions and liquidated damages for the
      period from January 1, 1969 through December
      31, 1971.

The plaintiff Trustees seek to recover from the defendants an accounting of contributions due, unpaid contributions, liquidated damages and the cost of maintaining this suit.

The defendants, in support of their motion to dismiss, contend:

  1.  The plaintiffs' reliance on 29 U.S.C. § 185
      to confer jurisdiction on this court is
      misplaced since plaintiff is not a labor
      organization and/or party to the collective
      bargaining agreement.
  2.  Rule 12(b)(7) of the Federal Rules of Civil
      Procedure requires the dismissal of the
      action because of the failure of the
      plaintiff to join the labor union which is a
      necessary party.
  3.  This Court lacks jurisdiction over the
      subject matter because the union has not
      exhausted its contractual remedies under the
      collective bargaining agreement as said
      ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.