In The News:

Alter Ego Liable for Fringe Benefit Contributions

A union plumbing company, Wolf Mechanical, defaulted on it obligation to make contributions to the union fringe benefit funds and went out of business.  Shortly thereafter, the live-in girlfriend of the owner of Wolf Mechanical formed Wolf Plumbing.  Both companies did the same work with the same equipment and the owner of Wolf Mechanical was involved in the management of Wolf Plumbing.  The court found that Wolf Plumbing was an alter ego or disguised continuation of Wolf Mechanical, was bound by Wolf Mechanical’s labor agreement and was obligated to pay Wolf Mechanical’s fringe benefit.1

Moral:  Union contractors cannot avoid obligations under a labor agreement by trying to continue their business in the form of another entity disguised as a new and separate business.

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1 Plumbers Local 98 Defined Benefit Fund v. Wolf Mechanical, Inc., E.D. Mich. No. 06-12005 (12/10/07)

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