DM Excavating Loses Appeal Over Fringe Benefits Owed To Funds

DM Excavating LLC failed to convince the Sixth Circuit Tuesday that a lower court erred when it held that the company is liable for unpaid contributions it owes to a group of benefits funds under a collective bargaining agreement.

The case was brought under the Employee Retirement Income Security Act by the administrator of the Ohio Operating Engineers Health and Welfare Plan and several other funds that provide fringe benefits for the union’s locals.

It alleged that a labor contract requires the company to contribute to the funds based on “all hours worked” by employees. DM Excavating, a pipeline construction ...