Electrical Co. Urges Full 7th Circ. To Weigh Audit Ruling

Law360 (November 8, 2019, 8:56 PM EST) -- A Wisconsin electrical contractor has urged the full Seventh Circuit to rethink a decision allowing benefit funds to sue it so they can audit nonunion employee payroll records, arguing that a panel on the court misinterpreted their collective bargaining agreement.

Veterans Electric LLC said Thursday in its motion for rehearing that the panel made "consequential misinterpretations" of the CBA even though the agreement's language was "clear and unambiguous" when it revived the Employee Retirement Income Security Act suit from plans including the Electrical Construction Industry Health & Welfare Plan.

The plain language of the agreement made it clear that the trustees...

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