Electrical Construction Industry Prefunding Credit Reimbursement Program v. Veterans Electric, LLC

Dist. Ct. erred in granting defendant-employer’s motion for summary judgment in instant ERISA action by plaintiff-union benefit fund, alleging that defendant improperly refused to turn over requested payroll information of its non-union employee as part of plaintiff’s audit to determine whether defendant was properly making payments to plaintiff’s fund. While Dist. Ct. found that defendant need not turn over said records, record showed that defendant had agreed to be bound by terms of collective bargaining agreement, which did not limit ability of trustees of fund to audit payroll records of all of defendant’s employees.