Free Motion for Default Judgment - District Court of Delaware - Delaware

Case 1:04-cv—O0275-SLR Document 9-4 Filed O3/22/2006 Page1 0f3
e EXHIBIT B I

&A$BESTOS WORKERS
, 4. . . ¤, e A,.-.’: { ‘:‘`’v ‘;=:,A ¤’*€'· ·‘·= » .
·»`‘ .»_~ . Stare D°‘
*'==i·‘“%F‘E>- °- `;. " —%_e——&
‘ ** as rattl t » t ._
A iigllg lCiO7‘“"*J*l1~¤'Y‘~’*‘;i“i£;g;L§ -_ »_·~ = ’· .,_· · t · ’ -
` _ ASBESTOS 4 RKERS LOCAL UNION 42 AND EMPLOYERS
. } JOINT TRADE BOARD
. Decision it the Matter. of Superior Mechanical Services
- Im July 16, 2003, the oint Trade Board convened to hear and determine disputes brought
‘ by Asb istos Workers Local Uni<>n’42· against Superior Mechanical Services Inc. pursuant to A
J=l.rti·::le PCI Section inf the llollective Bargaining Agreement. Notice of these proceedings and
· tile chai gos. brought by Loca 42 was provided to Superior by letter dated June 30, 20453. - At the `
l I i proceed ings in this matter, I] ocal 42 presented testimony and other evidence in support of its
_%é_M__?cjanis,_§uperi;;ricy way of r enooloe provided on June»30, 2003;was given every‘0ppor¤mit3t`i " °’‘ii "‘”‘ °"°‘ "
""MAH _ to prese at a defense and to o erwiserebut the claims against it but nonetheless failed to appear r V
artlie sz liecluledl hearing. Atl o time did Superior contact any member of the Joint Trade Board
‘ ° to zrlvis e that the scheduled · te of these proceedings was in convenient or otherwise presented a V
. _ cor flict ' I V ‘ V _ ‘
V - it is alleged that S perior has violated Article VII of the Collective Bargaining °
l V ‘ }l=_;:·t:em ent by failing to pay I alth and Welfare Fund ccmuibutions (Section 6), Apprenticeship —
` Fmurll contributions (Section 8), National Insulators Apprentice Training Fund .cont1·ibutions .
V egliearlor 9), and Vacation contributions (Section 10) as required under the Collective · _
_ Elmggain ng Agreement for ··· period of N0vcmber_2002 to the present. It is also alleged that
4 · " Si·azpnt·io;·11as violated Article ll Section 7 of the Collective Bargaining Agreement for the period · t
V o·:E'.h.me 2003 to the prcsent by obtaining and employing employees outside of the exclusive ·
‘ hi;rin;g jiall provisions of it- Collective Bargaining Agreement. With regard to such, -»
` enzqnognnent, it is also- alleg d that Superior lies failed and refused to remit Union dues and V
· I Political Action Fund con utions with respect to those employees who were obtained in
. ti afnriou of Article XI Seotio 7.
. Th. ··: 7`he uncontested evid=i»·ce provided by Local 42 establishes that Superiorhas not remitted
V ‘ · Eiln;:l·oy- ir Contribution Rep s or contributions as required under Article VII Sections 6, 8, 9,
` and 10. Further, the eviden e shows Superior retained employees fiom June 2003 forward in
V · viofatioiz of Article X Secti 7 and that Union dues and Political Action Fund contributions ·
required under Article VII eotions ll and 12 have not been remitted on behalf of these .
· ezumloyc es. Fmally, the evi enoe shows that Supe1ior’s failure to pay required contributions,
mzozssit ned the removal of li from work in order to protect the FLl21dS’ interests pursuant to ‘
Au1:.¤::leVII Section .
r rrtlcle VII Section 13 ofthe Collective Bargaining Agreement requires that all Employer
lizrrziiris and payments be r T ~ itted to the Union and to the Funds by the l2"` clay ofthe month
il:f,l·:·wlng the reporting peri as defined in Article VII Section ,13 (A). The failure to remit
A rwyared eonuibutions and ot er payments postmarked by the due date results in an assessment
ol' louis ated damages in the fg mount of 10% of the total amount due or a minunum of $10.00,
Unc A tticle VIE Section 13 IC), the Funds and Union have the right to audit the payroll records
t cia ogy E nployer to assure co pliance with the obligations in Article VII.
lasecl on the above, I e Joint Trade Boardihas determined that Superior Mechanical
Stood-ces Inc. has engagedin ioletions ofthe above noted sections of the Collective Bargaining
Aépracme nt. By way of rerne , the Joint Trade Board orders as follows: `
|

Case 1 :014-cv—Oé)275-SL Docurqent 9-4 Fyiled O3/22/2006 Page 3 0f·3
.V uperzor sh i make avauablc to an auditor sclccmd by thc. Funds and Umcm all
— payroll moo ds ncccssmr to perform an audit to dctamains the full amount of
V Hinge bencfi contributions and other payments due, as more Billy set forth above,
for the parim of November 2002 to the present. V
2. Superior sh remit _ such principal payments plus liquidated damages in an *
ammmt of 4‘ of the total amount due or $10.00, which cvcr is greater. This
‘ V _ shaiiiiuclud all fringc bcncfit contributions which should havc_bcc·.11 paid su
behalf of c lcyccs who whcrc obtained by Superior outside of the hiring hall
pmcccdurc as all as zmynothcr fringe benefit c/cmtributinmw which are shown to 'be.
. du: as a msu of thc audit. V"
3. Superior sha also yay all Union dues which should have been deducted and
‘ remitted hu =· ·· Union for thc period of November 2002 to the presem including _
any Union • sfchat shouldbavc been paid but were not as 21 result of the use of A _
employees J aimed outside of tim Zlzsiximg hall procedure. Superior shall also pay
all Political ·! tion Fund contributions which should have been deducted from the
i wages of em·· cyees bm were npr from November 2002 to the present including
· ` P¤ii¤¤@lA§9$i g_@zi¤$1,i¤Q12iributi¤zns4iwhich sh¤uId»hav¤~»-b¢e¤~ dedumdii&¤m~:h¤····~··“‘“’·"**i‘*—i”"
~~~·‘"‘"_”“"“ i”"`”""Q`Wi§§ of cmp oyccs obtained outside of the hiring hai] procedure. _ _‘
1. Superior sh also pay lost wages amd benefits _ resulting 501:1 the use of ·
` employees ob ;·= had outside ofthe hiring hall procedure. Such wages and benefits · `
shall be base cmthe hours worked by the improperly retained employees and
shallibc disiri uted by the Union to those employees who lost work 0pportunitics_ _ __ _
- -_ ._pY ___ __._. ,i.»asiaircsu1tiéf pcri¤m?s—f¤i1um~tc> use theihiriug h&1lpr¤c‘cd1i1‘éST ii `i A i ii ` n V i W
· ,L, Finally, it is cited that as an 1€SUi'€,fZ>f Supcriofs failure to pay Sings benefit
` contributions ¤= was ncccssczzy for thc Union tm cxcrcisc its xights under Article
V . i VH Section 1 I to remove mem form thcjob in order to protect the interests of the »
bcnciit funds. Superior is furthcér ordered to pay to those employees who were `
mmcvcd from c job lust wagcs amd henzfits for the period 0ftiJ]1G that tbuydid ‘
‘ V not work. Lic] idatcd damages shall also bc paid with respect to the fringe benefit
C•¤2'ICI’ib¥.lHOI1S. ‘ V ~
· A * 3CzD€T TRALzE`BOA.RD, ‘
- . By:_______ » _
_ . By: ‘
Dm: _ A
i 2

Case 1:04-cv-00275-SLR

Document 9-4

Filed 03/22/2006

Page 1 of 3

Case 1:04-cv-00275-SLR

Document 9-4

Filed 03/22/2006

Page 2 of 3

Case 1:04-cv-00275-SLR

Document 9-4

Filed 03/22/2006

Page 3 of 3