Skip to main content

Local 78, Asbestos, Lead & Hazardous Waste Laborers v. Termon Construction, Inc.

S.D.N.Y.November 16, 2007No. 01 Civ. 5589(RJH)
Plaintiff WinTermon Construction, Inc.$939,515.54 awarded
Facing something similar at work?Check your rights — free, private, no sign-up

Case Details

Judge(s)
Richard J. Holwell
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
bench trial

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The court found that Termon Construction breached multiple articles of the collective bargaining agreement with Local 78, awarding the union $649,455.90 in wages for improperly excluded union members, $153,803.90 in unpaid benefit contributions, $11,922.49 in unpaid wages, $7,393.75 in legal fees for denial of access, plus attorney's fees of $116,937.50 and prejudgment interest.

What This Ruling Means

**Union Wins Big Against Construction Company That Broke Worker Agreement** This case involved a dispute between Local 78, a union representing workers who handle asbestos, lead, and hazardous materials, and Termon Construction, Inc. The union claimed that Termon Construction violated their collective bargaining agreement in several ways: they improperly excluded union members from work, failed to pay required benefit contributions, didn't pay some wages owed to workers, and denied union representatives access to job sites. The court ruled in favor of the union and ordered Termon Construction to pay nearly $940,000 in total damages. The biggest portion—$649,456—compensated union members who were wrongly kept from working on projects. The company also had to pay $153,804 for unpaid benefit contributions, $11,922 in unpaid wages, and $7,394 for blocking union access to worksites. Additional attorney's fees and interest brought the total to $939,515. This ruling matters for workers because it shows that courts will enforce collective bargaining agreements and make employers pay significant penalties when they violate union contracts. It demonstrates that unions can successfully fight back when companies try to exclude union workers or skip required payments.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse Related

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.