Trustees of the Operating Engineers Pension Trust v. Smith-Emery Co.

(In Chambers:) CROSS-MOTIONS FOR SUMMARY JUDGMENT AND PARTIAL SUMMARY JUDGMENT

CHRISTINA A. SNYDER, Judge.

Catherine Jeang, Deputy Clerk.

I. INTRODUCTION

This is an ERISA trust fund collection suit. Defendant Smith-Emery Company (“SEC”) is a signatory to a collective bargaining agreement (“CBA”) with the International Union of Operating Engineers, Local Union No. 12 (“Local 12”). Defendant and Local 12 perform field inspection work on construction projects within Local 12’s geographic jurisdiction. Pursuant to the CBA, defendant must pay fringe bene*1046fit contributions for the hours worked…