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CENTRAL STATES v. TRANSPORT SERVICE CO.

United States District Court, N.D. Illinois, Eastern Division


August 4, 2004.

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and HOWARD McDOUGALL, Trustee and CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, and HOWARD McDOUGALL, Trustee, Plaintiffs,
v.
TRANSPORT SERVICE CO. an Illinois corporation. Defendant.

The opinion of the court was delivered by: JAMES MORAN, Senior District Judge

MEMORANDUM OPINION AND ORDER

Defendant moves that an order as immediately appealable pursuant to 28 U.S.C. ยง 1292(b). That motion is denied.

Defendant seeks certification of the following issue:

"Under the common law or pursuant to ERISA, can an employer be compelled to make contributions to a Multi-Employer Pension Fund or Health and Welfare Fund on behalf of employees whom the District Court has found to be neither represented by the applicable union nor members of the bargaining unit to which the applicable collective bargaining agreement applies?"
  But, that issue doesn't need to be certified. The answer is clearly "no" except, possibly, as a remedy bor a breach of a collective bargaining agreement. It is also not the issue in this litigation. Rather, the primary issue is whether there are drivers whom the employer classifies as Assumption drivers who are, in fact, because of where and how they actually operate, members of the bargaining unit to which the applicable collective bargaining agreement applies and are therefore represented by the union and are drivers for whom contributions are due.

20040804

© 1992-2004 VersusLaw Inc.



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