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RIORDAN v. ONE STOP FOOD & LIQUOR STORE

January 25, 1974

JOHN RIORDAN 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 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 organization.

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
    Welfare Fund.
  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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