Bd. of Trs. of the IUOE Local 4 Pension Fund v. Alongi

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BOARD of TRUSTEES of the IUOE LOCAL 4 PENSION FUND; BOARD of TRUSTEES of the IUOE LOCAL 4 ANNUITY & SAVINGS FUND; BOARD of TRUSTEES of the IUOE LOCAL 4 HEALTH and WELFARE FUND; BOARD of TRUSTEES of the HOISTING and PORTABLE ENGINEERS LOCAL 4 APPRENTICESHIP & TRAINING FUND; INTERNATIONAL UNION of OPERATING ENGINEERS LOCAL 4; IUOE LOCAL 4 LABOR-MANAGEMENT CO-OPERATION TRUST; and IUOE LOCAL 4 SOCIAL ACTION COMMITTEE, Plaintiffs, v. GINA ALONGI, Defendant and Counterclaim/ Third-Party Plaintiff, v. IUOE LOCAL 4 PENSION FUND; IUOE LOCAL 4 ANNUITY & SAVINGS FUND, IUOE LOCAL 4 HEALTH AND WELFARE FUND; HOISTING AND PORTABLE ENGINEERS LOCAL 4 APPRENTICESHIP & TRAINING FUND; IUOE LOCAL 4 LABOR-MANAGEMENT CO-OPERATION TRUST; and WILLIAM D. MCLAUGHLIN, individually and in his capacity as Chairman of the Boards of Trustees, Counterclaim/Third-Party Defendants.

Civil Action No. 21-cv-10163-FDS

United States District Court, D. Massachusetts

May 3, 2024

MEMORANDUM AND ORDER ON COUNTERCLAIM DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

F Dennis Saylor IV Chief Judge

This is an action arising under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et seq. Plaintiffs are the Board of Trustees of the IUOE Local 4 Pension Fund (the “Pension Fund”); the Board of Trustees of the IUOE Local 4 Annuity & Savings Fund (the “Annuity Fund”) the Board of Trustees of the IUOE Local 4 Health and Welfare Fund (the “Health and Welfare Fund”); the Board of Trustees of the Hoisting and Portable Engineers Local 4 Apprenticeship & Training Fund (the “Training Fund”); the International Union of Operating Engineers Local 4 (the “Local”); the IUOE Local 4 LaborManagement Co-Operation Trust (the “Trust”) and the IUOE Local 4 Social Action Committee (the “SAC”). The Pension Fund, the Annuity Fund, the Health and Welfare Fund, and the Training Fund are multiemployer employee-benefit plans. The complaint alleges that defendant Gina Alongi breached her fiduciary duties during her employment as the Administrator for the four funds, and as a provider of administrative services to the Local, the Trust, and the SAC.

Alongi has asserted counterclaims and third-party claims against the Pension Fund, the Annuity Fund, the Health and Welfare Fund, the Training Fund, the Trust, and William McLaughlin, the Business Manager of the Local and Chairman of various funds.^[1]Those counterclaims allege, in substance, that McLaughlin engaged in sexually-harassing behavior that created a hostile work environment, that her employers retaliated against her for reporting his harassment, and that they also refused to accommodate her disability as a Type 1 diabetic.

Defendants have moved for summary judgment as to all counterclaims. For the following reasons, the motion for summary judgment will be denied in part and granted in part.

I. Background

A. Factual Background

Except where otherwise noted, the following facts are undisputed.^[2]

1. The Parties

The Pension Fund, the Annuity Fund, the Health and Welfare Fund, and the Training Fund are multiemployer employee-benefit plans, all of which are subject to the regulatory framework of ERISA. (ECF No. 106, Statement of Material Facts and Responses (“SMF”) ¶¶ 14). Each fund is financed by contributions made by employers who employ operating engineers pursuant to the terms of a written collective bargaining agreement with the Local. (Id. ¶ 6). Each fund is governed by a separate Board of Trustees, which in turn employ staff to perform work for the funds. (Id. ¶¶ 13, 15).

Gina Alongi served as Administrator of the Funds from 1996 to July 2020. (Id. ¶ 30). The Administrator is appointed by the Boards of Trustees of the Funds and serves as the chief executive officer in charge of day-to-day operations, including overseeing all employees. (Id. ¶¶ 23-24). The Administrator also organizes regular meetings to provide various relevant reports to the Funds. (Id. ¶¶ 27-28). The role is a full-time position. (Id. ¶ 29). Alongi also provided administrative services to the Local, the Trust, and the SAC. (Id. ¶ 17).

In 2007, while employed full-time by the Funds, Alongi became the executive director of the Massachusetts Coalition of Taft-Hartley Funds (“the Coalition”). (Id. ¶ 53). Her duties included conducting meetings, negotiating with service providers, maintaining records, and filing reports with regulatory agencies. She delegated some of that work to other employees of the Funds. (Id. ¶ 54).

William McLaughlin has served as the Business Manager for the Local since August 2017. (Id. ¶ 58). During the same period, he has served as the Chairman of the Board of Trustees of the Health and Welfare Fund, the Pension Fund, and the Annuity Fund. (Id. ¶ 59).^[3]The Business Manager supervises business representatives, prepares collective bargaining agreements for members, and upholds the bylaws and constitution of the Local. (Id. ¶¶ 21-22).

2. Allegations of Sexual Misconduct Prior to May 2018

Alongi contends that McLaughlin routinely made highly inappropriate and sexually charged comments in the workplace to her, her twin sister Rosemarie Alongi (who was also an employee of the Funds), and other female employees. (ECF No. 106, Statement of Additional Facts (“SAF”) ¶¶ 14-15).

For the purpose of the summary judgment motion, defendants treat the following allegations as undisputed: that prior to May 2018, McLaughlin regularly discussed with Alongi his sexual desires and fantasies, including with regard to the women in the office; that more than once he told her that he could not concentrate during a Trustees meeting because she “looked so good,” he “wanted” her, and he had “such a crush on her”; that he discussed his need for sex and his belief that his wife was not “taking care of him”; that he made statements to the effect of “men are pigs” and “all men think about is sex”; that he visited Rosemarie Alongi's office on a regular basis and made sexual comments about women in the office; and that he had an inappropriate sexual relationship with another employee, Assistant Administrator Laura-Jean Hickey. (Mem. at 14; see also SAF ¶¶ 15, 17, 26, 27, 49, 51).

3. The May 2018 Incident

On May 1, 2018, Alongi called McLaughlin to a meeting. Their accounts of that meeting differ. According to Alongi, she provided McLaughlin with examples of how his behavior made her uncomfortable. (SMF ¶ 63). McLaughlin allegedly began to pace in front of her, yell obscenities, and said words to the effect of “you do not respect me, I am the manager!” (Id.). He allegedly continued to yell and swear at her for approximately ten minutes, to the point where other Funds employees were fearful for her physical safety. (Id.). One employee, Taylor Ryan, testified at a deposition that she had dialed 911 on her telephone and “had my hand ready to press the button if it was needed.” (Supp. App. at 244). The fight was reportedly loud enough that employees on the opposite side of the building could hear shouting. (Supp. App. at 237-38). McLaughlin reportedly stopped when Rosemarie Alongi and Greg Geiman, the Funds' Assistant Administrator, entered Alongi's office and physically separated them. (SMF ¶¶ 63, 66, 77).

According to Alongi, immediately after the fight, McLaughlin attempted to apologize by hugging her and attempting to kiss her on the lips. He told her that the fight had gotten him “excited” and sexually “aroused.” (Id. ¶ 63).

Defendants contend that both Alongi and McLaughlin became heated during the meeting and that they were swearing at one another. (Id. ¶ 63). It is undisputed that Alongi told McLaughlin he needed to stop “checking out” women who walked past his office and that she poked him in the chest. (Id. ¶ 64).

4. The Events After the May 2018 Incident

The parties further dispute Alongi's actions after the May 1 incident. Defendants contend that on May 14, 2018, Alongi and Geiman contacted an attorney who had previously worked for the Funds. (Id. ¶ 66; App. 381, 404). The attorney allegedly opined that McLaughlin's behavior appeared to constitute sexual harassment and suggested that the Funds undertake a third-party investigation. (Id. ¶ 66; App. 381, 404).

It is undisputed that in mid-May 2018, Alongi interviewed several female Funds employees about their experiences with McLaughlin and the ways he made them uncomfortable. (SMF ¶¶ 71; SAF ¶ 25). Her notes of those interviews indicate that on May 15, 2018, Rosemarie Alongi informed her that McLaughlin would talk about the women with whom he had slept. (SMF ¶ 71). Another employee allegedly reported that McLaughlin said he was jealous of her ex-boyfriend and called her “sexy.” (Id.). Another said that McLaughlin called her “dear.” (Id.). Another allegedly told Alongi that McLaughlin came into her office and gave her massages. (Id.).

On May 21, 2018, Alongi met with Kathryn Shea, outside counsel to the Funds. (Id. ¶¶ 73, 76). She told Shea that she had been sexually harassed by McLaughlin. (Id. ¶ 73). She also shared some of the results of her investigation into McLaughlin's treatment of other employees. (Id.).

After that meeting, Shea discussed the “zero-tolerance policy” of the Funds with McLaughlin. (Id. ¶ 74). McLaughlin reportedly indicated that he would behave in a more formal manner moving forward, and that he would refrain from touching employees and avoid informal banter and jokes. (Id.). According to Shea, she explained to McLaughlin that he could not retaliate against Alongi for reporting him. (Id.). He expressed no interest in disciplining or firing Alongi, saying she was “a good administrator.” (Id.). According to Alongi, after Shea spoke with McLaughlin, Geiman came to her office and told her she was going to be fired for insubordination. (Id. ¶ 75).

The...