UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ELECTRICAL WORKERS’ INSURANCE

FUND, et al.,

Plaintiffs,

v.

APPLIED BUILDING TECHNOLOGIES,

INC., a/k/a APPLIED BUILDING

TECHNOLOGIES and a/k/a SECURTEC

ELECTRONICS SYSTEMS, INC.,

Defendant.

 /

Case No. 2:09-cv-11416

HONORABLE STEPHEN J. MURPHY, III

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT (dkt. 9)

This is an action by a group of union trust funds to enforce an arbitral award requiring

the defendant to post a surety bond. Before the Court is plaintiffs’ motion for summary

judgment enforcing the award and a request for attorneys fees and costs in light of the

defendant’s refusal to comply with the arbitral award and the collective bargaining

agreement. The defendant has not filed a response brief or otherwise opposed plaintiffs’

motion, which has been pending since August, 2009. For the reasons stated below, the

Court will grant plaintiffs’ motion for summary judgment and will order the arbitral award

enforced. As to the request for attorneys’ fees, the Court will not grant attorneys’ fees

because the plaintiffs have not complied with the rules of procedure for seeking attorneys'

fees. Denial of the attorneys' fees request will be without prejudice to the plaintiffs refiling

a motion for attorneys' fees that complies with the federal and local rules.

FACTS

The defendants have failed to file a response brief in opposition to plaintiffs’ motion

for summary judgment and therefore are deemed to admit the following facts. Plaintiffs’
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Electrical Workers’ Insurance Fund, et al., (the “Funds”) are trust funds established under

and administered pursuant to Section 302 of the Labor-Management Relations Act of 1947

as amended (“LMRA”), 29 U.S.C. § 186, and the Employee Retirement Income Security

Act of 1974, as amended (“ERISA”), 29 U.S.C. § 1001, et seq. Affidavit of Craig Young

(“Young Aff.”), ¶ 2. The Funds are suing to enforce the terms of a collective bargaining

agreement (“CBA”) between the defendant, Applied Building Technologies, Inc., a/k/a

Applied Building Technologies, a/k/a Securtec Electronic Systems, Inc. (“Applied Building”)

and Local Union #58 of the International Brotherhood of Electrical Workers (“Local 58").

Young Aff., ¶ 4. The CBA requires Applied Building to make fringe benefit contributions

on behalf of its employees, and section 6 of Article VIII of the CBA requires the company

to obtain a surety bond as a guarantee for the contribution it owes. Id., ¶ 5. Applied

Building did not post the surety bond required by the CBA and, as a result, the Funds filed

a grievance with the Joint Labor-Management Committee (the “Committee”), the arbitral

body established by the CBA. Id., ¶ 6. On October 23, 2008, the Committee found Applied

Building guilty of the charges against it and issued an Award requiring Applied Building to

secure a surety bond in an amount as set forth in Article VIII, Section 6(A) of the CBA. Id.,

¶ 8 and Complaint, Exhibit C. Applied Building has not posted a surety bond. Young Aff.,

¶ 9.

ANALYSIS

Rule 56 of the Federal Rules of Civil Procedure provides that the Court may enter

summary judgment where “the pleadings, depositions, answers to interrogatories, and

admissions on file, together with the affidavits, if any, show that there is no genuine issue

as to any material fact.” Fed. R. Civ. P. 56(c). The party seeking summary judgment bears

an initial burden of demonstrating the absence of material issues of fact. Celotex Corp. v.
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Catrett, 477 U.S. 317, 323 (1986). If a motion for summary judgment is properly made and

supported, the party opposing summary judgment may not rely on allegations or denials

in its own pleadings but rather must offer evidence showing a genuine issue for trial. Fed

R. Civ. P. 56(e)(2). “If the opposing party does not so respond, summary judgment should,

if appropriate, be entered against that party.” Id.

Summary judgment is appropriate here because the plaintiffs have met their burden

of demonstrated that there are no material factual issues and that they are entitled to

judgment as a matter of law, and the defendant has failed to offer evidence showing

material issues of fact. The plaintiff has offered the affidavit of Craig Young which

establishes that the defendant was party to the CBA, that the CBA contained an arbitration

provision, that the arbitrator issued an award requiring the defendant to post a surety bond,

and that the defendant did not post the bond as required. Where the parties select

arbitration to settle their disputes, the district court’s role is to place governmental authority

behind an award in order to enforce it. Armco Employees Independent Federation, Inc.

v. Armco Steel Co., L.P., 65 F. 3d 492, 496 (6th Cir. 1995). As it is undisputed that the

parties entered into an agreement to arbitrate, placed their dispute before the arbitrator and

received a decision by the arbitrator, this Court will enforce the arbitrator’s award.

As to the plaintiffs’ request for attorneys’ fees, however, the Court will not consider

plaintiffs' request at this time because the plaintiffs have failed to comply with the rules of

this Court. Local Rule 54.1.2 requires that any motion for attorneys’ fees be supported by

“an affidavit of counsel setting out in detail the number of hours spent on each aspect of

the case, the rate customarily charged by counsel for such work, the prevailing rate

charged in the community for similar services, and any other factors which the court should

consider in making the award.” E.D. Mich. L.R. 54.1.2. See also Fed. R. Civ. P. 54(d)(2).
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As the plaintiffs have failed to properly support their request for attorneys’ fees, the Court

will deny the motion without prejudice to consideration of a subsequent motion that is

properly supported. 

WHEREFORE, it is hereby ORDERED that plaintiffs’ motion for summary judgment

is GRANTED. The Court CONFIRMS the October 23, 2008 award of the Joint LaborManagement Committee and ORDERS the defendant to forthwith comply with the same

by securing a Surety Bond in an amount as set forth in the Schedule provided in Article VIII,

Section 6(A) of the collective bargaining agreement and thereafter remain in compliance

with said agreement. Plaintiffs’ request for attorneys’ fees is DENIED WITHOUT

PREJUDICE.

SO ORDERED.

s/Stephen J. Murphy, III 

STEPHEN J. MURPHY, III

United States District Judge

Dated: March 22, 2010

I hereby certify that a copy of the foregoing document was served upon the parties and/or

counsel of record on March 22, 2010, by electronic and/or ordinary mail.

Alissa Greer 

Case Manager