United States District Court, E.D. Washington
MASONRY INDUSTRY TRUST ADMINISTRATION, INC., an Oregon corporation, Plaintiff,
D/J MASONRY LLC, a Washington limited liability company, Defendant.
ORDER DENYING SUMMARY JUDGMENT AND GRANTING
PLAINTIFF'S MOTION TO COMPEL
SALVADOR MENDOZA, JR. United States District Judge
April 17, 2017, the Court held a hearing on Defendant D/J
Masonry LLC's (D/J Masonry) Motion for Protective Order,
ECF No. 56, and Motion for Summary Judgment, ECF No. 68, and
Plaintiff Masonry Trust Administration, Inc.'s (Masonry
Trust) Motion to Compel, ECF No. 60, and Motion for Summary
Judgment, ECF No. 63. This Order memorializes and supplements
the Court's oral ruling.
Trust alleges that D/J Masonry LLC owes contributions to the
trust for work performed subject to a collective bargaining
agreement (CBA) with the International Union of Bricklayers
and Allied Craftsmen Local #3 (the Union). D/J Masonry has
refused to provide nearly any information requested by
Masonry Trust in discovery. D/J Masonry asserts that the
information sought is irrelevant because the CBA terminated
in May 2010 and that D/J Masonry is not liable for any
contributions because it is not the successor to or alter ego
of D/J Caulking, which agreed to be bound by the CBA.
Resolving each of the parties' pending motions turns on
the validity of these assertions. First, the CBA did not
terminate in May 2010 because D/J Caulking did not provide
timely notice of intent to terminate. Second, material issues
of fact remain on the questions whether D/J Masonry is the
successor to or alter ego of D/J Caulking. Accordingly, as
the Court ruled orally and for the reasons explained below,
both parties' motions for summary judgment are denied.
Additionally, D/J Masonry's motion for a protective order
is denied and Masonry Trust's motion to compel is
granted. The parties shall confer on or before April 24,
2017, to reach agreement on the appropriate scope of
discovery in light of the factual and legal issues raised in
January 21, 2008, D/J Caulking executed a Compliance
Agreement in which it agreed to be bound by the CBA executed
between the Union and the Washington State Conference of
Masonry Contractors, Seattle, Tacoma and
Spokane. ECF No. 62 at 2; ECF No. 66 at 2, 7. Among
other things, the CBA requires employers to pay wages and
make contributions on behalf of its employees performing work
covered under the CBA. ECF No. 61 at 2.
included the following termination provision:
Section 1. This AGREEMENT shall be in full force and effect
commencing June 1, 2005 and shall continue in full force to
and including May 31, 2010.
Section 2. This AGREEMENT will automatically be renewed
yearly thereafter unless written notice is given by the
EMPLOYER or the UNION of the intention to modify the terms of
the AREEMENT in whole or in specific parts or to terminate,
providing the written notice is received by the other party
not later than sixty (60) days, nor more than ninety (90)
days prior to the expiration or anniversary date.
ECF No. 66 at 10.
September 29, 2009, D/J Caulking sent a letter to the
president of the Union, Tim Thompson, that appears to address
a dispute concerning money allegedly owed for work done by a
particular employee. ECF No. 62 at 7. The letter includes the
following closing: “Please let this serve as further
notice that we DJ Calking no longer wish to be a part of your
organization. We feel your values and business tactics do not
mach [sic] our own.” ECF No. 62 at 7. The letter is
signed by David Petroske and Jennifer Petroske. ECF No. 62 at
October 29, 2009, D/J Caulking sent another letter stating
As owners of D/J Caulking and Coatings we have come to the
conclusion that our company is resigning from the Bricklayers
and Allied Craft Workers Union. There are no qualified PCC
(Pointer, Caulker, and Cleaner) in this area or training
being performed on the east side of Washington State. We will
not be renewing our contract in 2010.
ECF No. 62 at 10.
March 10, 2010, Thompson sent the following letter advising
D/J Caulking of the CBA's May 31, 2010 expiration date
and intent to negotiate:
The WSCMC “Agreement” between BAC Local #3
WA/ID/MT and your firm will expire May 31, 2010.
Take this as formal notification per Article XIX of the WSCMC
Agreement of our (Union) intent to negotiate with your
Committee in part or whole of the “Agreement” to
which both parties are signed (Union/Employer) to include but
not limited to, language, wages, benefits and or subsistence.
Our Committee will be looking forward to meeting your firm to
begin negotiating at a date and time that can be mutually
In the past your firm has chosen to allow the Mason
Contractors Association of Eastern Washington to negotiate
the terms of the Agreement, if you do not wish to do so
again, please notify them of your intent to negotiate on your
own, otherwise we will ...