iron workers of eastern michiganiron workers of eastern michigan
Sec. Built in 1998 as part of a campus upgrade initiative, the Convocation Center is a 204,316 square-foot structure that features three user-friendly levels including arena, concourse, office space and boasts versatile seating configurations, which allow clients to . 424 Mich. at 551, 383 N.W.2d at 596. Parties, docket activity and news coverage of federal case MSR Industrial Services, LLC v. O'Donnell et al, case number 4:13-cv-13069, from Michigan Eastern Court. Iron Workers Local No 25 Health Fund of Eastern Michigan: 501(c)(9) Troy, MI: $30,739,717: Chicago Laborers District Council Retiree Health and Welfare Fund: 501(c)(9) Westchester, IL: $131,236,082: Sheet Metal Workers' Health Plan of Southern California Arizona and Nevada: 501(c)(9) Manhattan Beach, CA: $95,895,695 Also, this court finds that any reasonable juror would deem Nyeholt's ignorance of the terms of the 89-92 CBA excusable. [7] The Funds concede that they have never notified Nyeholt Steel employees that they were participants in the Funds and/or eligible for benefits from the Funds. The operator had to be a union member, which Gilliam was not. Iron Workers Local Union No. Iron Workers Local 25 Pension Fund et al v Dycon, Inc. et al, Introducing Justia Connect, a free membership with exclusive savings for lawyers like you, Iron Workers Local 25 Pension Fund, Iron Workers Local 25 Health Fund of Eastern Michigan, Iron Workers Local 25 Vacation Pay Fund, Iron Workers Defined Contribution Pension Fund and Iron Workers Apprenticeship Fund of Eastern Michigan, US District Court for the Eastern District of Michigan, Employee Retirement Income Security Act of 1974. At no time did Nichols inform Nyeholt that the contract he signed would pertain to any other jobs or for that matter, any other employees than the four individuals he sent to Howell Bank. Shows drainage, cities and towns, townships, counties, and the railroad lines in red. Name Annual Revenue Annual Expenses; RESEARCH FOUNDATION OF THE CITY: $40,590,880: $32,060,150: IRON WORKERS LOCAL NO 25 HEALTH FUND OF EASTERN MICHIGAN Id. Found inside â Page 221Composed of the States of Ohio , Kentucky , eastern Michigan , Canada , and Pennsylvania , west of the Alleghany Mountains , with headquarters at the works of the Carnegie Steel Co. , Munhall , Pa . Lieut . Commander R. R. Adams was ... "The mere existence of some alleged factual dispute between the parties will not defeat the otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Found inside â Page 14May 1 ---- 26 52 Construction industry , eastern Michigan . United Brother - 26 25,000 hood of Carpenters and Joiners ; International Association of Bridge , Structural and Ornamental Iron Workers . Carpenters : 2 - year contract ... The principal issue the parties have asked us to decide in this diversity case is one of state law: whether the Michigan Supreme Court, if asked, would extend its holding in Federal Kemper Insurance Co. v. Health Administration, Inc., 424 Mich. 537, 383 N.W.2d 590 (1986), to require health and accident insurance carriers in Michigan, including Employee Retirement Income Security Act benefit plans, to provide coverage for injuries suffered in automobile accidents whenever the insured has elected, pursuant to Mich.Comp.Laws Sec. Nyeholt Steel made two arguments in that prior motion, the first being that Nyeholt Steel had satisfied the Funds only request in their complaint, to wit: the granting of an audit, and the second being that this case was not ripe for adjudication. In short, based on the evidence presented construed in a light most favorable to the Funds, this court finds fraud in the execution of the Mel Farr Agreement. Nyeholt's signing of this Agreement did not create a valid CBA except for the work performed in connection with the Mel Farr project, for which Nyeholt Steel has dutifully made fringe benefit contributions.[16]. On February 14, 1997, the Funds filed a motion for summary judgment on their claim against Nyeholt Steel for delinquent fringe benefit contributions. 56(c). at 1087 (holding that employer's defense based on ignorance of the essential terms of the collective bargaining agreement was not credible in part because employer had previously entered into several collective bargaining agreements). The appellate court affirmed the lower court's finding of fraud in the execution and judgment and award of attorney fees for Gilliam. At his deposition Koby explained that this was a "one job agreement" and that by signing the Mel Farr Agreement, Nyeholt Steel became a party to the 89-92 CBA only while working on the Mel Farr job. Structural Iron Worker Local #25 Exp. Found inside â Page 103... Inc. VEBA Committee $ 378,956 Iron Workers ' Health Fund of Eastern Michigan $ 7,195 Iron Workers Local # 395 Trust Fund $ 3,367 Iron Workers Tri - State Welfare Plan $ 78,627 Ironworkers Intermountain Health and Welfare Trust ... at 1255-56 (citing Southwest Administrators, Inc. v. Rozay's Transfer, 791 F.2d 769, 773 (9th Cir.1986), cert. 2d 561 (1976); O'Hara v. Wigginton, 24 F.3d 823, 826-27 (6th Cir. It is important to recognize that the court was addressing the Michigan statute as it had then been interpreted by Federal Kemper: a requirement that "other insurance" clauses in health and accident policies, including those issued by employee benefit plans, must yield to similar clauses in no-fault policies. about local 395 . Thus, the salient issue raised in these cross-motions for summary judgment is whether Nyeholt Steel, by signing the Mel Farr and Howell Bank Agreements, is a party to the 89-92 CBA and must make fringe benefit contributions thereto not only for the work done on the Mel Farr and Howell Bank jobs, but also for other jurisdictional work performed by Nyeholt Steel employees since 1989. 514 (E.D. ¶ 10). 2d 999 (1987)). We shall therefore affirm the summary judgment that was entered by the district court for the Iron Workers' Health Fund of Eastern Michigan. The Center for Union Facts is a 501(c)(3) nonprofit organization that fights for transparency and accountability in America's labor . Therefore, this court holds that Nyeholt's signature on that Agreement did not bind Nyeholt Steel to the CBA during the time period of September, 1989 through December, 1995 for any projects other than the Mel Farr project. Section 502(g) (2) provides that if judgment in favor of a plan is issued, the court shall award the plan: (B) interest on the unpaid contributions, (i) interest on the unpaid contributions, or, (D) reasonable attorney's fees and costs of the action, to be paid by the defendant, and. Congress, in what the Supreme Court aptly observed is "perhaps ... not a model of legislative drafting," Metropolitan Life Insurance Co. v. Massachusetts, 471 U.S. 724, 739, 105 S. Ct. 2380, 2389, 85 L. Ed. It is led today by company president Dave Collins, himself a legacy of the company's origin. local 395; leadership ; territorial jurisdiction; See the complete profile on LinkedIn and discover Maria's . p. 43). Based on 37,000 hours of work, the amount of fringe benefit contributions owed to the Funds would be $499,215.97. Found inside â Page 351 Mr. TESKE . Thank you , Mr. Chairman . Sorry , I could not bring a manhole cover ; that is what we make in Northern Michigan . I am vice president of East Jordan Iron Works , located in East Jordan , Michigan . at 1505. (Roselyn Nyeholt Aff. For example, if the employer's signature was procured by fraud in the execution, then the agreement is void ab initio. 3109a is not preempted by ERISA. The company was launched in downtown Youngstown in 1928 by Clarence Smith, Sr.. attention ironworker apprentices. a (1981). Local 340 - Battle Creek, Michigan Local 350 - Ventnor, New Jersey Local 36 - Easton, Pennsylvania Local 361 - Ozone Park, New York Local 37 - Providence, Rhode Island . 3109a, "[n]either the principal purpose nor the main effect of the Michigan coordination of benefits law is to restrict the range of options left open to ERISA plans. IT IS HEREBY ORDERED that plaintiff's motion for summary judgment is DENIED. Indeed, Nyeholt, who is not adept in union relations, reasonably understood Nichol's use of the word "interim" to mean that the Agreement applied to a single project based on his previous experience with Koby. Aside from the work performed on these two jobs, however, Nyeholt Steel emphatically denies that it is a party to the 89-92 CBA and hotly contests the Funds' assertion that it is delinquent in paying fringe benefit monies to the Funds. First, it is uncontroverted that Koby, the union representative, made misrepresentations which induced Nyeholt to assent to a contract entirely different from the proposed contract. Found inside â Page 45Wm . F. Kramer , Rooms 1270-85 Monon Building , Chicago , Ill . BOILER MAKERS and Iron Shipbuilders of America , Brotherhood of . ... 222 East Michigan street ,, Indianapolis , Ind . BOOT and Shoe Workers ' Union . Sign up to receive the Free Law Project newsletter with tips and announcements. 3109a is the Michigan statute at issue in both Northern Group Services and in this case, the added gloss given the statute by our assumption that the Michigan courts would extend Federal Kemper to outright automobile accident exclusions requires us to reach a different answer to the question of whether ERISA preempts it. The era of mass immigration to the Iron Range ended at the close of the 1920s. Iron Workers District Council of Eastern Canada Iron Workers Regional District Council Ironworkers District Council of Western Canada Co., 391 U.S. 253, 270, 88 S. Ct. 1575, 1583, 20 L. Ed. Name. Found inside â Page 161Walter N. Reddick , 222 East Michigan street , Indianapolis , Ind 9 Boot and Shoe Workers ' Union . ... William Van Bodegraven , 2341 West Twelfth street , Chicago , Ill . 12 Bridge and Structural Iron Workers , International ...
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