Midwest Operating Engineers Welfare Fund v. Allied Stone

MEMORANDUM OPINION AND ORDER

John Z. Lee, United States District Judge

Plaintiffs Midwest Operating Engineers Welfare Fund and Midwest Operating Engineers Pension Trust Fund (the Funds) are employee benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C § 1001 et seq. The Funds claim that Defendant Allied Stone violated § 1145 of that Act by failing to make contributions to the Funds as called for by a collective bargaining agreement. Allied contends that it was not required to make those contributions because Allied’s employees had decertified the union that…