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Int'l Ass'n of Sheet Metal, Air, Rail, & Transp. Workers, Local Union No. 71 v. Cudney & Co. Inc.

Firm Liable to Union for $61,186, Liquidated Damages; Issues Exist on Counterclaim's Merit

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International Association of Sheet Metal, Air, Rail & Transportation Workers, Local Union No. 71; and John Helak, Michael Emiliani, Kenneth Jablonski, Paul Crist, Richard Wagner, Andrew Nowak, Jeffrey Mertz and Robert Beck, as Trustees of the Sheet Metal Workers Local Union No. 71 Health and Welfare Trust Fund, the Sheet Metal Workers Local Union No. 71 Pension Fund and the Sheet Metal Workers Local Union No. 71 Annuity Fund; and, John Helak, Brian Handzlik, Edward Bender, Jr., Paul Crist, Michael Konitzer, Andrew Nowak, Jeffrey Mertz and David Nieman, as Trustees of the Sheet Metal Contractors and Local No. 71 J.A.C. Education and Training Fund, Plaintiffsv.Cudney & Co., LLC, Defendant

DECISION AND ORDER1  Before me is plaintiffs’ motion for summary judgment [21].2 For the following reasons, plaintiffs’ motion for summary judgment is granted in part, and denied in part. BACKGROUNDIn this action brought pursuant to §§502(a)(3) and 515 of the Employee Retirement Income Security Act (“ERISA”) [29 U.S.C. §§1132(a)(3) and 1145] and §301 of the Labor-Management Relations Act of 1947 (“LMRA”) [29 U.S.C. §185], plaintiffs allege that defendant Cudney & Co., LLC breached a collective bargaining agreement executed on April 29, 2016 (the “CBA”) by failing to make contributions in the amount of $32,732.93 to the pension fund, health fund, annuity fund, and training fund, as required for the period of March 26, 2017 through May 20, 2017. Complaint [1],

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