United States District Court, D. Maryland
TRUSTEES OF THE IRONWORKER LOCAL UNION NO. 16, PENSION PLAN et al, Plaintiffs,
OLE MEN & SONS, LLC Defendant.
REPORT AND RECOMMENDATIONS
Mark Coulson United States Magistrate Judge
Report and Recommendations addresses Plaintiffs’ Motion
for Default Judgment. (ECF No. 15). Plaintiffs include the
a. Trustees of the Ironworkers Local Union Number 16 Pension
b. Trustees of the Ironworkers Local Union No. 16 Health
c. Trustees of the Ironworkers Local No. 5 Apprentice Fund,
d. Trustees of the Iron Workers Local No. 16 Vacation Fund
(collectively the “Ironworkers Funds”),
e. Trustees of the Mid-Atlantic States District Council
Participating Locals Annuity Fund (“Annuity
f. Ironworkers Industry Advancement Fund,
g. Ironworker-Management Progressive Action Cooperative Fund
(collectively the “Industry Funds”),
h. Local Union No. 5 of the International Association of
Bridge, Structural and Ornamental Iron Workers (hereinafter
“Union” or “Local 5”) is an
unincorporated labor organization, as that term is defined in
the Labor-Management Relations Act (“LMRA”), 29
U.S.C. § 152(5). Local 5 is the successor to Local 16,
having been merged into Local 5, effective January 3, 2017.
Ironworker Funds and Annuity Fund are employee benefit plans
organized under the provisions of the Employee Retirement
Income Security Act (“ERISA”). (ECF No. 1 at
¶¶ 1–2). The Industry Funds are trust funds
provided for under the terms of a collective bargaining
agreement (“CBA”). Id. ¶ 4. All are
governed by their respective Agreements and Declarations of
Trust. Id. ¶¶ 1–2; ECF 15-4
¶¶ 5–6. All are financed by payments made by
employers pursuant to the terms of a collective bargaining
agreement between the employer and Local 5. (ECF No. 1
¶¶ 4, 10–12; ECF No. 15-4 ¶ 7).
Ole Men & Sons, LLC (“Ole Men”) is an iron
contractor or subcontractor in the construction and related
industries. (ECF No. 1 ¶ 6). Ole Men was bound to a
collective bargaining agreement with Local 5 providing for,
inter alia, payments by Ole Men to the above funds. (ECF No.
1 ¶ 10; ECF No. 15-3 ¶¶ 4–5; ECF No.
15-4 ¶ 7; ECF No. 15-2 ¶¶ 5–6).
August 27, 2019, in accordance with 28 U.S.C. § 636, and
Local Rules 301 and 302, Judge Hollander referred this case
to me to review Plaintiffs’ motion and to make
recommendations concerning damages. (ECF No. 16). I have
reviewed Plaintiffs’ motion and accompanying
attachments. I find that a hearing is unnecessary.
See Fed. R. Civ. P. 55(b)(2); Loc. R. 105.6. For the
reasons set forth below, I respectfully recommend that
Plaintiffs’ Motion for Default Judgment be GRANTED, and
that damages be awarded as set forth herein.
Ole Men, entered into a collective bargaining agreement
(“CBA”) with Local 5’s predecessor, Local
16, on or about June 14, 2016. (ECF No. 1 ¶ 10). The CBA
established terms and conditions of employment for journeymen
and apprentice ironworkers employed by Defendant.
Id. Pursuant to the CBA, Ole Men agreed to make
certain payments to the Ironworkers, Annuity and Industry
Funds (collectively, the “Funds”) on behalf of
its employees performing worked covered by the CBA.
Id. ¶¶ 12–13. The CBA also required
Ole Men to deduct dues and other assessments (collectively
“contributions”) for Local 5 from the wages of
employees who authorized those deductions. Id.
the CBA and the Agreements and Declarations of Trust, Ole Men
was obligated to make full and timely payment of these
contributions monthly to the Funds, along with monthly
remittance reports identifying hours worked by the employees
covered by the CBA and the amount of contributions payable
for each employee. (ECF No. 1 ¶ 14). These contributions
were due by the 15th day of the month following the month in
which the employees worked. Id. An employer is
deemed in default if contributions are not received in the
applicable time period. Id. This cause of action is
premised on the contention that Ole Men failed to pay
contributions due for work performed in the months of January
2017, May 2017 and through July 2017, and May 2018 through
August 2018. Id. ¶ 15–16. On this basis,
Plaintiffs claim the unpaid contributions, liquidated
damages, interest, and attorney’s fees.
support of their motion, Plaintiffs attached the Declarations
of:April Brown, an account executive at Lawrence Musgrove (a
third party administrator for the Annuity Fund) (ECF No.
15-2); Ray Cleland, President and Business Agent for the
Union; (ECF No. 15-3); Kathy Cole, an account executive at
Zenith American Solutions (a third party administrator for
the Iron Worker Funds) (ECF No. 15-4); and Rebecca Richardson
(Plaintiffs’ counsel) (ECF No. 15-5).
January 29, 2019, the Clerk of this Court entered an entry of
Default as to Ole Men. On that date, the Court provided Ole
Men with a notice of its default and an opportunity to cure,
which it failed to do. On March 15, 2019, Plaintiff Filed a
Motion for Default Judgment. (ECF No. 15). Ole Men did not
file an opposition, and the deadline to do so now has passed.
See Local Rule 105.2a (D. Md. 2018).
STANDARD FOR ...