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VERNAU v. BOWEN ENTERPRISES

October 15, 1986

CHARLES E. VERNAU, SR., and CARL C. HUBER, etc., et al., Plaintiffs,
v.
BOWEN ENTERPRISES, INC., d/b/a INDIANA SHOP 'N SAVE, Defendant



The opinion of the court was delivered by: WEBER

 This is an action by trustees of a union's pension, health and legal funds, pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132, § 1145, to recover contributions from defendant employer which plaintiffs contend are due the funds. This matter is before us on plaintiffs' motion for partial summary judgment and on several ancillary motions by defendant.

 The union and defendant employer were parties to several successive collective bargaining agreements which included provisions requiring defendant employer to make certain contributions to the employee benefit funds. *fn1" After a series of audits conducted by the Funds which identified alleged underpayments of contributions, this suit was instituted. The underpayments are alleged to have arisen on several different issues which we now address seriatim.

 1. Vacation Hours

 Plaintiffs first contend that defendant failed to make contributions to the Pension Fund and Legal Fund for hours paid as vacation time. The collective bargaining agreements plainly state that contributions are to be made to the Pension and Legal Fund for "all hours paid for or on behalf of each employee." There is no exclusion of vacation hours, and the provision as quoted above is unambiguous. Defendant does not raise any contrary argument and cites no contrary provision of the contract. Summary judgment on this claim is therefore appropriate, and amounts due, computed by plaintiffs and unchallenged by defendant are: Pension Fund Contributions $ 1,959.16 Interest 387.64 Total $ 2,346.80 Legal Fund Contributions $ 583.56 Interest 119.76 Total $ 703.32

19861015

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