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Plumbers and Fitters Local Union 101 v. All-Metro Services

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 29, 2006

PLUMBERS AND FITTERS LOCAL UNION 101, ET AL., PLAINTIFFS,
v.
ALL-METRO SERVICES, INC., DEFENDANT.

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

ORDER

Plaintiffs brought this action under Section 502 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132, and Section 301 of the Labor Management Relations Act of 1947 ("LMRA"), 29 U.S.C. § 185, seeking to collect delinquent dues and fringe benefit contributions owed to the Plumbers and Fitters Local Union 101 ("the Union") and to the employee benefit funds affiliated with the Local Union ("the Funds") pursuant to the terms of collective bargaining agreements between the Union and Defendant All-Metro Services, Inc.

For the period from May 2003 until September 2003, Defendant has underpaid the Union and the Funds in the principal amount of $16,329.53. Pursuant to Section 502(g) of ERISA, Section 301 of the LMRA, and the collective bargaining agreement, Plaintiffs are entitled to recover these unpaid principal amounts together with damages, attorney's fees, and costs. The collective bargaining agreement sets the liquidated damages at 11/2 % per month for unpaid amounts due. The damages on the unpaid amounts total $9,602.92. Plaintiffs have incurred attorney's fees of $1,497.50 and costs of $321.00.

It is hereby ordered that Plaintiffs' motion for default judgment (Doc. 16) is GRANTED, and the Clerk is DIRECTED to enter judgment against Defendant for the period of May 2003 to September 2003 in the total amount of $27,750.95.

IT IS SO ORDERED.

G. PATRICK MURPHY Chief United States District Judge

20060329

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