Bricklayers and Allied Craftworkers Service Corporation v. Contracting
Bricklayers and Allied Craftworkers Service Corporation v. Dominionaire Contracting, Inc. and Robert Griffin
- Jeffrey Bryan
- 0:24-cv-04462
- U.S. District Court · District of Minnesota
- 7
In Bricklayers and Allied Craftworkers Service Corporation v. Dominionaire Contracting, Inc. and Robert Griffin, Judge Jeffrey M. Bryan found both defendants in civil contempt and ordered each to pay a $50-per-day fine until they comply with an earlier court order requiring them to submit missing monthly fringe-benefit reports.
Employers who are signatories to collective bargaining agreements requiring contributions to employee benefit funds, and their individual owners who personally guarantee those obligations, particularly those who have failed to comply with court orders to produce benefit-reporting records in ERISA collection actions.
What happened
In Bricklayers and Allied Craftworkers Service Corporation v. Dominionaire Contracting, Inc. and Robert Griffin (Case No. 24-CV-04462), a Minnesota nonprofit called the Bricklayers and Allied Craftworkers Service Corporation sued a masonry contractor, Dominionaire Contracting, Inc., and its owner, Robert Griffin, for failing to make required payments into an employee benefits fund as required by a collective bargaining agreement and a federal law called ERISA (the Employee Retirement Income Security Act). After the defendants never appeared in the case, the court previously entered a partial default judgment and ordered the defendants to submit missing monthly benefit reports for October 2024 through April 2025 within 14 days. The defendants ignored that order, never produced the reports, and never responded to the plaintiff's communications.
The plaintiff then moved for a contempt finding and asked the court to impose sanctions. To hold someone in civil contempt, a court must find clear and convincing evidence that (1) a valid court order existed, (2) the party knew about it, and (3) the party disobeyed it. Once those three things are shown, the burden shifts to the accused party to explain why they could not comply. Here, the defendants never appeared at the contempt hearing or offered any explanation for their noncompliance, so the court found all three elements satisfied and the defendants failed to meet their burden.
Judge Jeffrey M. Bryan granted the contempt motion and ordered each defendant — Dominionaire Contracting and Robert Griffin individually — to pay a fine of $50 per day, starting November 5, 2025, until they produce the required monthly fringe-benefit reports. The court declined to impose the plaintiff's requested $100-per-day fine, finding it disproportionate at this stage, and also declined to order Griffin taken into custody at this time. The court also indicated it will award the plaintiff its reasonable attorney fees and costs for bringing this sanctions motion, but said it will consider that award alongside a related pending motion.
The detailed version
This opinion arises from an ERISA (Employee Retirement Income Security Act, 29 U.S.C. §§ 1132 et seq.) collection action filed in December 2024 by Plaintiff Bricklayers and Allied Craftworkers Service Corporation (the Service Corporation), a Minnesota nonprofit acting as a fiduciary authorized to collect employer contributions to employee benefit funds.
Background
Defendant Dominionaire Contracting, Inc. was a signatory to a collective bargaining agreement (CBA) with the Bricklayers and Allied Craftworkers Local Union 1 through April 30, 2025. Under the CBA, Dominionaire was required to submit monthly fringe-benefit reports and make corresponding contributions to the Service Corporation. Defendant Robert Griffin personally guaranteed Dominionaire's CBA obligations. Dominionaire became delinquent on its payment and reporting obligations beginning at least May 2024, with the delinquency continuing throughout the lawsuit.
Neither defendant answered the complaint or appeared in the action. The Clerk entered default, and on June 13, 2025, the court granted a partial default judgment finding defendants liable for unpaid contributions for May 2024 through April 2025, and ordering defendants to produce complete and accurate monthly fringe-benefit report forms for October 2024 through April 2025 within 14 days of service of the order (the June 13, 2025 Order).
The Service Corporation served the June 13, 2025 Order on defendants by certified and first-class mail on June 18, 2025, making the compliance deadline July 2, 2025. Defendants produced no reports and made no response to the order or to plaintiff's counsel's communications.
Contempt Motion
On September 17, 2025, the Service Corporation moved for a finding of civil contempt and sanctions. The motion was served on defendants by first-class mail to their last known addresses. A hearing was held November 4, 2025; defendants did not appear.
Legal Standard
Civil contempt requires proof by clear and convincing evidence that (1) a valid court order existed, (2) the respondent had knowledge of the order, and (3) the respondent disobeyed the order. Chicago Truck Drivers v. Brotherhood of Labor Leasing, 207 F.3d 500 (8th Cir. 2000). If proven, the burden shifts to the alleged contemnor to demonstrate inability to comply — specifically that they were unable to comply, the inability was not self-induced, and they made good-faith efforts to comply. United States v. Santee Sioux Tribe, 254 F.3d 728 (8th Cir. 2001).
Holding
Judge Jeffrey M. Bryan found all three elements of civil contempt established: the June 13, 2025 Order was valid with clear instructions, defendants had knowledge of it (having been served), and defendants failed to comply. Defendants offered no explanation or appearance, and thus failed to carry their burden of showing an inability to comply.
Sanctions Imposed
- The court ordered each defendant — Dominionaire Contracting, Inc. and Robert Griffin individually — to pay a fine of $50 per day (not the requested $100 per day, which the court found disproportionate at this stage) to the Clerk of the U.S. District Court, beginning November 5, 2025, until they produce the required missing monthly fringe-benefit reports. - The court declined, at this time, to order Griffin taken into custody, noting the plaintiff had raised but not formally requested that relief. - The court indicated it will award the Service Corporation its reasonable attorney fees and costs for pursuing the sanctions motion, to be considered in the context of the total fee award sought in a related pending motion to amend (Doc. No. 31). - Plaintiff's counsel is directed to notify the court when defendants comply, and plaintiff is ordered to serve this order on defendants by mail and to attempt personal service on Griffin.
The opinion cites prior similar ERISA contempt proceedings in the District of Minnesota, including Bricklayers & Allied Craftworkers Service Corp. v. O'Hara Masonry, Inc., No. 22-CV-2003, 2023 WL 4580971 (D. Minn. July 18, 2023), as precedent for the approach taken.
Reviewer note from the AI+
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.