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Roofers Local 30 Combined Welfare Fund v. Bourque

September 25, 2009

ROOFERS LOCAL 30 COMBINED WELFARE FUND, ET AL.
v.
WILLIAM J. BOURQUE



The opinion of the court was delivered by: Ludwig, J.

DECISION

Plaintiffs*fn1 sue defendant*fn2 for payments alleged to be due under a collective bargaining agreement. Upon hearing, judgment will be entered in favor of plaintiffs and against defendant in the amount of $11,137.67, plus interest, liquidated damages, attorneys' fees and costs.*fn3

I. Findings of Fact

1. On May 24, 2005, defendant William J. Bourque signed a Memorandum of Agreement with the Union related to his company's work on a roofing project at the BristolMyers-Squibb plant in New Jersey. Transcript of hearing, 14-15; Memorandum of Agreement, Plaintiffs' Exhibit 1.

2. The "Collective Bargaining Agreement by and Between Roofers Local 30 and Roofing Contractors' Association Covering Commercial Roofing and Commercial Reroofing" for the period May 1, 2001 through April 30, 2009 was in effect on May 24, 2005. Collective Bargaining Agreement, Plaintiffs' Exhibit 2.

3. The MOA required defendant to "abide by all of the terms and conditions of the collective bargaining agreement in effect as of 5-24-05 through completion between United Union of Roofers, Waterproofers and Allied Workers Local Union #30 and the Roofing Contractors Association." Plaintiffs' Exhibit 1.

4. The Collective Bargaining Agreement requires the payment of contributions and wage deductions to the Funds for time worked by employees covered by the terms and conditions of the agreement. Plaintiffs' Exhibit 2, at 51-64.

5. From June 2005 through September 2005, defendant worked on the Bristol-Myers-Squibb project. Transcript, 17; Pay stubs, Plaintiffs' Exhibits 4-7. Defendant was required to hire Roofers Union employees to work on the project. Transcript, 15.

6. The Union employees were John Swayze (shop steward), Kenney Alley (foreman), John Wim, and Edward Tittermary. Transcript, 19; pay stubs, Plaintiffs' Exhibits 4-7; Remittance reports, Plaintiffs' Exhibit 8.

7. Defendant paid the employees based on "summer hours," as described to him by Swayze and Alley. Under "summer hours," instead of working from 7:00 a.m. until 3:30 p.m., the employees were permitted to begin work at 6:30 a.m. and leave at 1:00 p.m., with only a 15-minute break during the day. They were to be paid for a full eight-hour day, even though they worked only six hours. Transcript, 20.

8. Defendant requested written proof of "summer hours," but no proof was given to him, and Bourque learned only after the project was completed that "summer hours" did not exist. Transcript, 20121.

9. Defendant paid the Union employees for 40-hour work weeks based on a wage rate provided by Swayze. Transcript, 17, 29-30; Plaintiff's Exhibits 4-7.

10. During the course of the project, defendant made contributions to plaintiffs by giving checks made payable to "Local 30 Roofers Union" to Swayze at Swayze's request. Defendant gave Swayze two $800 checks and one for $3,640. The $800 ...


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