Albers v. Hemphill Contracting Co.

STEPHAN, Judge.

Plaintiffs, the trustees of two ERISA1 employee benefits trusts, sued defendant employer for contributions which a court-ordered compliance audit indicated defendant owed the trusts under the terms of collective bargaining agreements with Laborers Unions Nos. 42, 53, and 110. Defendant denied liability asserting that the employees for whom contributions were allegedly owed were not covered by the collective bargaining agreements. The trial court found for plaintiffs. Defendant appeals, raising four points of error, which we set forth verbatim:

*662I.

The Trial Court erred in…