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Plumbers & Pipe Fitters, Local 23 v. Kelsey Excavating, Inc.

United States District Court, N.D. Illinois

February 3, 2017

Plumbers & Pipe Fitters, Local 23, et al., Plaintiffs,
v.
Kelsey Excavating, Inc., et al., Defendants.

          ORDER

          FREDERICK J. KAPALA District Judge.

         Defendants' motion to dismiss [28] is granted in part and denied in part. Counts II through IV are dismissed as to Kelsey Mechanical and it is terminated from this case. Counts III and IV are dismissed in their entirety.

         STATEMENT

         Plaintiffs, Plumbers & Pipe Fitters, Local 23, U.A. (“Union”); Rockford Pipe Trades Industry Pension Fund; Plumbers & Pipe Fitters, Local 23, U.A. Health & Welfare Fund; Plumbers & Pipe Fitters, Local 23, U.A. Journeyman and Apprentice Training Fund; Piping Industry Council of the Rockford Area (“PICRA”); and Rockford Pipe Trades Labor Management Cooperative Council (“RPT-LMCC”), have filed a first amended complaint against defendants, Kelsey Excavating, Inc. (“Kelsey Excavating”) and Kelsey Mechanical, Inc. (“Kelsey Mechanical”), to enforce an arbitration award entered against Kelsey Excavating. Currently before the court is defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure Rule 12(b)(6) in which they contend that plaintiffs have failed to state a claim on which relief can be granted. For the reasons that follow, the motion to dismiss is granted in part and denied in part.

         I. BACKGROUND

         In the original complaint filed in this case, plaintiffs sought to enforce an October 2, 2015 arbitration award finding that Kelsey Excavating violated the Labor Agreement between the Union and PICRA, effective June 1, 2014 through May 31, 2017. Plaintiffs alleged that Kelsey Excavating was bound by the Labor Agreement because it had singed off on a September 12, 2001 Memorandum Agreement between the Union and three former trade associations, as well as the trade associations' successors and assigns. In its previous order dismissing the complaint without prejudice to refiling, this court determined that there were no plausible allegations that PICRA was the successor to the three former trade associations.

         In their first amended complaint, plaintiffs have added Kelsey Mechanical as a defendant. It is alleged that Kelsey Mechanical was incorporated in March 2010 and dissolved in August 2011, and had agreed to be bound by the terms of the Labor Agreement through its execution of an April 13, 2010 Subscription Agreement. The first amended complaint also now includes the following allegations:

8. PICRA is an employer association with its principal place of business located in Rockford, Illinois and is the successor to the Rockford Association of Plumbing, Heating and Cooling Contractors, Inc., the Mechanical Contractors- Rockford Association, and the Northern Illinois Refrigeration Air Conditioning Contractors Association, Inc. (hereinafter referred to as the “Predecessor Associations”).
9. As the successor to the Predecessor Associations, PICRA assumed the obligations of the Agreements entered into by the Predecessor Associations.
. . . .
12. KELSEY EXCAVATING is an employer engaged in an industry affecting commerce which agreed to be bound by the terms of the Labor Agreement between the UNION and the Predecessor Associations via the terms of the September 12, 2001 Memorandum of Agreement. Because PICRA assumed all agreements of the Predecessor Associations, KELSEY EXCAVATING became bound by the Labor Agreement between the UNION and PICRA.

         In Count I of the first amended complaint, plaintiffs seek, among other relief, enforcement of the arbitration award against Kelsey Excavating. In Counts II-IV, plaintiffs seek the same relief against Kelsey Excavating and Kelsey Mechanical jointly and severally alleging respectively that Kelsey Excavating is the alter ego of Kelsey Mechanical, that Kelsey Mechanical and Kelsey Excavating are a “single employer, ” and that Kelsey Excavating is currently operating as the successor of Kelsey Mechanical.

         II. ANALYSIS

         When deciding a defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), the court accepts all of the well-pleaded factual allegations of the complaint as true, and draws all reasonable inferences in favor of the plaintiff. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). To state a claim under the Federal Rules, a complaint need only contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). “[D]etailed factual allegations” are not required, but the plaintiff must ...


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