NY companies challenge national pension funds over $9 million in alleged out-of-jurisdiction pension contributions


Judge Pamela K. Chen of the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

Sign Acquisition Corporation, doing business as TJ Signs, Inc., and American Signcrafters, LLC, filed a complaint against the Sheet Metal Workers’ National Pension Fund and other associated funds over disputed contributions.

The plaintiffs are seeking a declaratory judgment to prevent the funds from collecting nearly $9 million in contributions related to fabrication work performed outside their jurisdiction. The dispute centers on work conducted at the plaintiffs’ Florida facility between 2018 and 2022. According to the complaint, this work was settled under a Consent Arbitration Award on June 28, 2024, with Local 137—the only bargaining representative under their Collective Bargaining Agreement (CBA). The plaintiffs argue that Local 137 waived all claims for contributions on out-of-jurisdiction fabrication work, including that done in Florida.

Despite this settlement, the national funds have made a demand for $6.1 million in contributions, along with interest and liquidated damages totaling $8.86 million. The plaintiffs claim these demands include hours already resolved under previous agreements and those performed under different CBAs with no obligation to contribute to these funds.

The plaintiffs seek relief through declaratory judgment and enforcement of the Consent Arbitration Award. They argue that without jurisdictional claims by Local 137 or a written agreement covering Florida fabrication work, the national funds have no legal basis for their demands. Prior audits consistently excluded Florida hours from contribution calculations, reinforcing the plaintiffs’ position that the work falls outside Local 137's jurisdiction.

The plaintiffs are represented by attorneys Robert F. Milman and Jamie S. Felsen of Milman Labuda Law Group PLLC. The case was filed in the United States District Court for the Eastern District of New York under Case ID 1:25-cv-04507. not explicitly cover such jurisdictions.

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