United States District Court, E.D. Louisiana
NEW ORLEANS EMPLOYERS INTERNATIONAL LONGSHOREMEN'S ASSOC., AFL-CIO PENSION FUND, AND ITS ADMINISTRATOR, THOMAS R. DANIEL
MARITIME SECURITY, INC. & ADVANCE MARINE SERVICES, INC.
ORDER AND REASONS
ZAINEY, UNITED STATES DISTRICT JUDGE
following motions are before the Court: Motion for
Summary Judgment (Rec. Doc. 32) filed by Plaintiffs,
New Orleans Employers International Longshoremen's
Association, AFL-CIO Pension Fund, and its administrator,
Thomas R. Daniel; Motion for Summary Judgment (Rec.
Doc. 33) filed by defendants, Maritime Security,
Inc. and Advance Marine Services, Inc. The motions, submitted
for consideration on January 9, 2019, and January 23, 2019,
are before the Court on the briefs without oral argument.
an action to recover withdrawal liability pursuant to the
Employee Retirement Income Security Act of 1974, as amended
(“ERISA”). The plaintiff association is a
multiemployer pension plan under ERISA, established and
maintained for the purpose of providing retirement and
related benefits to eligible participants and beneficiaries.
Plaintiff, Thomas R. Daniel, is the plan's administrator.
October 25, 2018, at the parties' request, the Court
cancelled the pretrial conference and trial so that the
parties could file cross motions for summary judgment. (Rec.
Doc. 27). The parties agree that there are no disputed issues
of material fact to preclude summary judgment. For the
reasons that follow, Plaintiff's motion is GRANTED, and
Defendants' motion is DENIED.
parties have stipulated to the following facts:
in or about 1990, defendant Advance Marine Services, Inc.
(“AMS”) provided stevedoring services to the
cruise line industry at the Port of New Orleans. AMS employed
longshoremen and cleaning crews, and defendant Maritime
Security, Inc. (“MSI”) employed the porters or
“seacaps” who assisted cruise passengers with
boarding and the handling of their luggage.
MSI and AMS (at times referred to collectively as
“Controlled Group”) are a “controlled
group” pursuant to § 402(b)(1) of ERISA, 29 U.S.C.
about 2003, AMS and MSI employees (except for cleaning crews)
elected to be represented by the General Longshore Works
Local Union No. 3000 and New Orleans Clerks' and
Checkers' Local Union No. 1497 (the “Union”).
On or about October 1, 2009, Controlled Group and the Union
entered into a collective bargaining agreement effective
October 1, 2004, as extended thereafter.
collective bargaining agreement and associated Trust
agreement provide that the New Orleans Employers
International Longshoremen's Association, AFL-CIO Pension
Fund (“Fund”) collects contributions on behalf of
the covered Union employees.
prior to unionization, AMS and MSI worked exclusively for
Carnival Cruise Lines (“Carnival”). Carnival
required that AMS and MSI employ Union employees.
about December 2015, Carnival terminated its agreement with
the Controlled Group, and Controlled Group ceased providing
services to Carnival on or about December 7, 2015. Since
termination, Defendants have ...