Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Trustees and Fiduciaries of Unite Here Health; Honorable Joseph E. Irenas Unite Here Health v. Resorts International Hotel

August 24, 2012

TRUSTEES AND FIDUCIARIES OF UNITE HERE HEALTH; HONORABLE JOSEPH E. IRENAS UNITE HERE HEALTH;
TRUSTEES AND FIDUCIARIES OF THE UNITE HERE LOCAL 54 SEVERANCE TRUST FUND;
UNITE HERE LOCAL 54 SEVERANCE TRUST FUND;
AND UNITE HERE LOCAL 54, PLAINTIFFS,
v.
RESORTS INTERNATIONAL HOTEL, INC.;
RAC ATLANTIC CITY HOLDINGS, LLC; AND TRIMONT REAL ESTATE ADVISORS, INC., DEFENDANTS.



The opinion of the court was delivered by: Irenas, Senior District Judge:

OPINION

In this suit Plaintiffs seek to collect delinquent employee benefit fund contributions from Defendant Resorts International Hotel, Inc. ("RIH"), and to enforce an arbitration award granting amounts due under the parties' collective bargaining agreement. RIH has not appeared in this action; and on March 9, 2012, the Clerk of Court entered default against it. Plaintiffs presently ask this Court to enter against RIH judgment by default in excess of $3 million. The Court held a oral argument on the Motion on July 25, 2012, at which time it asked Plaintiffs' counsel to submit a supplemental brief in support of the Motion. The Court has now considered Plaintiffs' supplemental submissions, and for the reasons stated herein, the Motion will be granted.*fn1

I.

Plaintiff UNITE HERE Local 54 is a labor union which was a party to a collective bargaining agreement with Defendant RIH from 2004 until 2011. In the collective bargaining agreement ("CBA"), RIH agreed to make certain monthly contributions to Plaintiffs UNITE HERE Health Fund and UNITE HERE Severance Fund. (Amend. Compl. Ex. A, B) RIH allegedly failed to make contributions in October, November, and December of 2010. (Amend. Compl. ¶¶ 31, 45)*fn2

Then, according to the Amended Complaint, "on or about December 6, 2010, RIH closed its business and instituted a layoff of [UNITE Here's] members." (Amend. Compl. ¶ 53) RIH sold the business to DGMB Casino, LLC which "began operations on the same day-- December 6, 2010. The business transitioned seamlessly [and] continued to operate as normal." (DeCaprio Aff. ¶ 4) "Some" of the laid-off employees "were immediately hired by DGMB" and continued to work at the casino. (Id. ¶ 6)*fn3 However, DGMB did not assume the CBA and many employees were paid less money. (Id.)

Plaintiffs assert that during the lay-off RIH "violated multiple articles of the relevant CBA" and "multiple" "grievances" were subsequently submitted to binding arbitration through the American Arbitration Association. (Amend. Compl. ¶¶ 54, 56-58) An arbitration hearing was held on May 25, 2011. (Amend. Compl. ¶ 63; Ex. G) RIH appeared at the hearing, represented by Fox Rothschild, LLP. (Id.)

In an Award and Opinion dated June 24, 2011, Arbitrator James Mastriani found for UNITE HERE on all grievances and directed RIH to pay the following sums of money to UNITE HERE:

* Lump sum $1500.00 due for 740 employees $1,108,500.00

* Accrued vacation owed $773,633.35

* Health and Welfare contributions owed $987,838.95

* Severance Fund contributions $3,452.95

* Pension contributions $227,283.49

* Ivelesse Gonzalez*fn4 $1,856.01 Total $3,102,564.75 (Amend. Compl. Ex. G, p. 8)

Plaintiffs allege "RIH has failed and refused to comply with the final and binding Arbitrator's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.