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BENNETT v. MACHINED METALS CO.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 1, 1984

JOSEPH BENNETT, NORBERT MOFFETT, REMO F. GALLI, THOMAS J. KIELY, JR., JOSEPH MILANI, THEODORE MORRIS, III, THEODORE ANDREZEJCYK and FRANKLIN BULLOCK, Trustees of Shopmen Iron Workers Welfare Plan (of Philadelphia and Vicinity) and MARVIN GLICKMAN, WILLIAM L. KERN, ROBERT REITHMILLER, FRANK SPANIEL, NORBERT MOFFETT, THEODORE ANDREZEJCYK, FRANKLIN BULLOCK, and HARRY MANISCALSO, Trustees of Shopmen's Local Union No. 502 Pension Plan
v.
MACHINED METALS CO., INC.

The opinion of the court was delivered by: LUONGO

SUR PLEADINGS AND PROOF

 LUONGO, Ch. J.

 In this lawsuit, the trustees of the Shopmen Iron Workers Welfare Plan (Welfare Plan) and the trustees of the Shopmen's Local Union No. 502 Pension Plan (Pension Plan) seek interest, liquidated damages and counsel fees against defendant Machined Metals Co., Inc. on account of defendant's alleged failure to make timely contributions to the Plans. The Plans' trustees contend that payments for which defendant became liable during the months of August, 1982 through June, 1983 were not made when required by an applicable collective bargaining agreement. Plaintiffs seek relief under section 306(b)(2) of the Multiemployer Pension Plans Amendments Act, 29 U.S.C. § 1132(g)(2), and section 301 of the Labor Management Relations (Taft-Hartley) Act, 29 U.S.C. § 185.

 On February 24, 1984, plaintiffs filed a motion for summary judgment, arguing that Machined Metals' admission of several delays in payment entitled the trustees to judgment as a matter of law. After consideration of defendant's response to the motion, I suggested at oral argument that the parties enter into a stipulation concerning the few issues of fact potentially open to dispute. The parties have taken my suggestion, and now, under Fed.R. Civ.P. 52(a), I make the following:

 Findings of Fact

 1. Plaintiffs in this action are the trustees of the Shopmen Iron Workers Welfare Plan, and the trustees of the Shopmen's Local Union No. 502 Pension Plan. Plaintiffs are fiduciaries with respect to the Plans, and are authorized to bring this action. *fn1"

 2. Defendant is Machined Metals Co., Inc. Machined Metals is a corporation authorized to do business in Pennsylvania, with its principal place of business in Norristown, Pennsylvania. *fn2"

 3. During the period August, 1982 to June, 1983 Machined Metals was party to a collective bargaining agreement with Shopmen's Local Union No. 502 of the International Association of Bridge, Structural and Ornamental Iron Workers. *fn3"

 4. Under the terms of the collective agreement, Machined Metals was obligated to contribute $.80 (eighty cents) per hour of employment of covered employees to the Welfare Plan. *fn4"

 5. Defendant was required to pay $.68 (sixty-eight cents) per hour of employment of covered employees to the Pension Plan. *fn5"

  6. Contributions to the Welfare Plan and the Pension Plan were required to be remitted on the 15th (fifteenth) day of the month following the month in which said sums were accrued. *fn6"

 7. Machined Metals failed to make timely contributions to both the Welfare Plan and the Pension Plan for the months August, 1982 through June, 1983. *fn7" 8. The following schedule accurately reflects the amount of payments owed by defendant to the Plans, the due dates specified by the collective agreement, and the dates on which payments were actually forwarded: n8 Payments Accrued Amount During Welfare Plan Pension Plan Due Date Date Paid August, 1982 $ 4,050.40 $ 3,442.84 09/15/82 11/04/82 September, 1982 3,225.00 2,741.25 10/15/82 11/15/82 October, 1982 1,761.20 1,497.02 11/15/82 11/24/82 November, 1982 1,664.40 1,414.74 12/15/82 01/07/83 December, 1982 2,029.80 1,725.33 01/15/83 01/27/83 January, 1983 2,640.60 2,244.51 02/15/83 03/23/83 February, 1983 2,000.00 1,700.00 03/15/83 04/07/83 March, 1983 1,684.60 1,431.91 04/15/83 05/23/83 April, 1983 1,611.60 1,369.86 05/15/83 06/27/83 May, 1983 1,626.60 1,382.61 06/15/83 08/02/83 June, 1983 2,095.20 1,780.92 07/15/83 08/24/83

19840801

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