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RIORDAN v. ONE STOP FOOD & LIQUOR STORE
January 25, 1974
JOHN RIORDAN ET AL., PLAINTIFFS,
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
amended complaint for lack of equitable jurisdiction.
This action is brought under 29 U.S.C. § 185 for an alleged
violation of a contract between an employer and a labor
The plaintiffs are the Board of Trustees of the Chicago Area
Retail Food Clerks Health and Welfare Trust Fund ("Welfare
Fund"), which trust allegedly was created and exists pursuant to
a certain Agreement of Trust, dated December 1, 1960, as amended
thereafter from time to time in accordance with the provisions of
29 U.S.C. § 186(c).
The defendants, One Stop Food & Liquor Store, Inc., and NDK
Corporation 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 amended complaint, allege the
following facts inter alia:
1. The Welfare Fund was established for the purpose
of providing health and welfare benefits for
employees whose employers have entered into a
collective bargaining agreement with a labor
organization which is a party to the Welfare Fund's
Agreement and Declaration of Trust. This Welfare
Fund arrangement is commonly referred to as a
jointly administered multi-employer Health and
2. The Retail Food and Drug Clerks Union, Local 1550,
a party to Welfare Fund's Amended Agreement and
Declaration of Trust, entered into a collective
bargaining agreement governing the wage, hours,
conditions of work, and terms of employment for
employees of the defendants. The agreement became
effective November 29, 1964, and provides in
Article 17 that defendants would contribute to the
Welfare Fund certain sums per month for each
regular employee and regular part-time employee.
The agreement also provides that any employer who
is sixty days delinquent in the payment of any or
all of the contributions shall pay as liquidated
damages a sum of twenty dollars or ten percent of
the amount delinquent, whichever is greater.
3. The defendants failed and refused to contribute to
the Welfare Fund in accordance with the provisions
of the collective bargaining agreement.
4. There is due and owing from defendants to the
Welfare Fund on account of omitted contributions
and liquidated damages for the period of January 1,
1969 through the present date, an amount of money,
the sum of which is unknown to plaintiffs.
Plaintiffs are entitled to an accounting from
defendants. This accounting should state the number
of individuals regularly employed by defendants,
including those regularly employed on a part-time
basis and the length of time all such individuals
were employed by defendants, including those
regularly employed by defendants for the length of
time all such individuals were employed by
defendants for the period of January 1, 1969
through the present date.
5. Such an accounting is necessary in order to
properly determine the amount due to the Welfare
Fund from defendants as set forth in the amended
complaint and because of the complexity of both
accounts involved and the records which contain the
information needed to determine the amount due are
in the exclusive possession of defendants.
6. Plaintiffs have requested defendants to furnish an
accounting and defendants have refused to account.
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 instant motion that the
amended complaint for accounting is ...
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