Mason Tenders v. Abatement International/Advatex Associates, Inc.

OPINION

STEIN, District Judge.

The issue for determination is whether a general contractor can be held liable to a union and its multiemployer pension and welfare funds for payments due from a subcontractor. For the reasons set forth below, the answer in the context of the facts here is affirmative. Plaintiffs — several pension and welfare funds of the Mason Tenders Union — claim that the defendant general contractor is liable for these delinquent payments pursuant to an industry wide collective bargaining agreement with the union. All parties have cross-moved for summary judgment pursuant to…