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VERNAU v. BOWEN ENTERPRISES, INC.

Civ. A. No. 84-2698.

651 F.Supp. 256 (1986)

Charles E. VERNAU, Sr. and Carl C. Huber, on Behalf of themselves as Trustees and the other Trustees of the UFCW, Local 23 and Employers Health, Legal and Pension Funds, Plaintiffs, v. BOWEN ENTERPRISES, INC., d/b/a Indiana Shop N Save, Defendant.

United States District Court, W.D. Pennsylvania.

December 31, 1986.

Attorney(s) appearing for the Case

Stephen J. Harris, Joseph A. Vater, Jr., Pittsburgh, Pa., for plaintiffs.

Timothy P. O'Reilly, Pittsburgh, Pa., for defendant.

OPINION

GERALD J. WEBER, District Judge.

Only one issue remains in this trustees' ERISA action to recover delinquent employee benefit fund contributions. Plaintiffs contend that 8 individuals are employees properly included in the bargaining unit, and therefore contributions to the funds are due for those employees. Defendant argues that these individuals are supervisory personnel and are specifically excluded from the bargaining unit by the terms of the...

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