Labor — union funds

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United States Court of Appeals For the Seventh Circuit

Civil

Labor — union funds

The collective bargaining agreement requires the employer to make contributions to union funds for every hour worked by a union member, including nonbargaining unit work hours performed.

“Our reading of the MOA is harmonious with all of the CBAs’ terms. The CBAs explicitly state that DLF is to make contributions for ‘each hour worked’ by an employee covered by the CBAs. And employees covered by the CBAs are employees who are bargaining unit members— i.e., employees who perform work within the trade jurisdiction of the Cement Masons Union. The CBAs go on to describe in Section 2, Article III what sort of work is within the trade jurisdiction of the Union. DLF seizes on that language to argue that its contribution obligations only apply for work described in this section. Again, that is wrong. Section 2 of Article III merely describes the Cement Masons Union’s trade activities for purposes of inter-union disputes over its jurisdictional claims. This section was not intended to, and does not, define bargaining unit work for purposes of fringe benefit contributions.”

Affirmed.

11-1826 McCleskey v. DLF Construction, Inc.

Appeal from the United States District Court for the Southern District of Indiana, Lawrence, J., Bauer, J.