Tappan Zee Constructors wins dismissal of claims for pension contributions
Clients Fluor Corporation
Jones Day obtained a favorable judgment on behalf of Tappan Zee Constructors, LLC ("TZC") from Judge Daniels of the Southern District of New York, dismissing claims by trustees of various United Brotherhood of Carpenter pension and welfare funds alleging unpaid contributions under the project labor agreement ("PLA") governing construction of the new Tappan Zee Bridge. Contrary the PLA, plaintiffs took the position that contributions must be paid to the Carpenter Funds for employees represented by other unions performing carpenter work on the project when the Carpenters were unable to provide labor. Given the number of unions representing employees governed by the PLA, a ruling that double contributions are owed would have had a severe financial impact for TZC.
Trustees of the New York City District Council of Carpenters Pension Fund, et al. v. Tappan Zee Constructors, LLC, 15 Civ. 3577 (S.D.N.Y.)