Valley Breeze

The Valley Breeze & Observer 05-23-2019

The Valley Breeze Newspapers serving the Northern Rhode Island towns of Cumberland, Lincoln, Woonsocket, Smithfield, North Smithfield, Pawtucket, North Providence, Scituate, Foster, and Glocester

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4 NORTH COUNTY MAY 23-29, 2019 | VALLEY BREEZE & OBSERVER | SMITHFIELD SCITUATE FOSTER GLOCESTER EDITION IN THE KNOW Ever wonder how businesses are selected to have their logos included on those blue signs next to the high- way? In response to an inquiry from The Valley Breeze, the Rhode Island Department of Transportation is shed- ding some light on what it calls the Specific Service Logo Sign Program. According to RIDOT spokesman Charles St. Martin, about a dozen businesses each year apply to be on the signs. Applications are only reject- ed if a sign is already full of logos or a company doesn't meet the criteria found in an application, such as that their business be open a certain num- ber of days per week and hours per day, have public restrooms, and be located within three miles of an exit ramp. Asked if businesses have to reapply to stay on the signs, St. Martin said RIDOT routinely checks businesses to make sure they are still open and in compliance. There is no renewal process, he said. "We spot check the businesses to make sure they continue to meet the criteria," he said. "The companies pay for the installation of the signs and their maintenance." He declined to provide information on what businesses have been reject- ed or how many are being rejected each year. The Specific Service Logo Sign Program, according to the state's brochure, is designated to provide information about gas, food, lodg- ing, camping, or 24-hour pharmacy services available at the next inter- change. It is not intended to be an advertising service, according to RIDOT, but is intended to give motorists driving on the highway information on what's available with- in easy distance of the exit. The logo panels themselves must convey a clear message and aren't accepted if they don't. Only one type of service is allowed to be displayed on a logo. No descriptive advertising words, phrases or slogans, including lounge, senior discount, Wi-Fi or anything constituting advertising beyond a business name and logo are permit- ted. RIDOT explains how companies get on those blue highway signs By ETHAN SHOREY Valley Breeze Managing Editor ethan@valleybreeze.com The Rhode Island Department of Transportation has specific guide- lines about how companies are able to get their logos on BLUE HIGHWAY SIGNS such as this one near Exit 22 in Cumberland. BREEZE PHOTO BY ETHAN SHOREY The Valley Breeze newspapers print more than 3 million pages of local news each week? Thanks for your support! do you know? Editor's note: In the Know is a new feature we hope to run periodically to explain things you pass by every day. Please feel free to send ideas on items you'd like to know more about to ethan@valleybreeze.com . ABOUT US The Valley Breeze is a locally owned newspaper Office location: 6 Blackstone Valley Place, Suite #204, Lincoln, RI 02865 Hours: 8:30 a.m. to 5 p.m. weekdays. Closed weekends and holidays. Call us: 401-334-9555 Fax: 401-334-9994 Online: www.valleybreeze.com READER SERVICES DO YOU HAVE A STORY IDEA? Contact Laura Colantonio at laura@ valleybreeze.com or call 401-334-9555, ext. 145. 24-hour, 7-day voice mail. ADVERTISING – Call your sales representative, or Publisher Tom Ward at 401-334-9555, ext. 123 or email: tward@ valleybreeze.com CLASSIFIEDS – Place ads at valleybreeze.com, or call 401-334-9555 during office hours. NEWS BRIEFS AND CALENDAR EVENTS Let others know about events sponsored by your non-profit organization, church or school. • Deadline: Entertainment news is Friday at noon. All other news is Monday 3 p.m. • Submit: We prefer receiving news via e-mail. Send yours to news@valleybreeze.com. You may also fax or mail your item. Receipt does not guarantee publication. Event marketing by for- profit businesses requires paid advertising. DO YOU HAVE SOMETHING TO CELEBRATE? Share the good news of your births, engagements, weddings and anniversaries. This is a free service. Pictures will be returned upon request. • Get forms: Visit www.valleybreeze.com, click on "Celebrations" at left, and select a form; or call 401-334-9555; or stop by the office during business hours. OBITUARIES – Obituaries cost $90–$125. They are posted online immediately, and placed in the first available paper. Check with your funeral director for details. ARE YOU LOOKING FOR A PREVIOUSLY PUBLISHED STORY? All current stories remain free online for one week after print publication. Older stories are now archived online back to July 2001. We're sorry, but we have few back issues of papers in our offices and cannot provide free library services. • Online: Visit www.valleybreeze.com, and click on "Search The Breeze Archive." Use keywords to find old stories. Single stories cost $2.95 through our Newsbank partners. Multi-story packages, which provide lower costs per story, are also available. SUBSCRIPTIONS – The Valley Breeze may be delivered anywhere in the United States, in an envelope, by First Class mail only. The cost is $189 per year, or $4 per week. Phone 401-334-9555 for details. COPYRIGHTS – valleybreeze.com or its content may not be linked to any other Web site without the written permission of the publisher. News aggregators that solicit advertising may not link valleybreeze.com. UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS GINA M. ALONGI, as ADMINISTRATOR, INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 4 HEALTH AND WELFARE, PENSION, ANNUITY AND SAVINGS FUNDS, LABOR-MANAGEMENT COOPERATION TRUST, and HOISTING AND PORTABLE ENGINEERS LOCAL 4 APPRENTICE AND * TRAINING FUND; and INTERNATIONAL UNION OF OPERATING ENGINEERS NATIONAL TRAINING FUND, Plaintiffs, v. BR STEEL, LLC, Defendant, MEMORANDUM AND INJUNCTION BURROUGHS, D.J. Currently pending before the Court is Plaintiffs' motion for a preliminary injunction to obtain a payroll audit from Defendant BR Steel, LLC pursuant to Federal Rule of Civil Procedure 65(a). For the reasons stated herein, the motion is GRANTED. This action was filed on December, 27, 2018. [ECF No. 1 ("Compl.")]. Defendant was served with the Complaint and summons on January 9, 2019. [ECF No.4]. Defendant failed to appear and answer the Complaint by January 30, 2019, as required. On January 30, 2019, Plaintiffs filed the instant motion for a preliminary injunction requiring Defendant to permit a payroll audit. [ECF No. 5]. On February 19, 2019, the clerk entered a default. [ECF No. 9]. By defaulting, Defendant conceded the truth of the factual allegations in the Complaint. In re Home Restaurants. Inc., 285 F.3d 111, 114 (1st Cir. 2002) (citing Franco v. Selective Ins. Co., 184 F.3d 4, 9 n. 3 (1st Cir.1999)). Under Rule 65(a), "the court may issue a preliminary injunction only on notice to the adverse party." Fed. R. Civ. P. 65(a). Here, Defendant was served with the Complaint, which included notice that Plaintiffs were seeking a preliminary injunction. [Compl. at 6]. Defendant conceded liability through default. Although an evidentiary hearing is ordinarily required before a preliminary injunction may issue, Defendant's concession of all facts alleged renders a hearing unnecessary. See Rosario-Urdaz v. Rivera-Hernandez, 350 F.3d 219, 223 (1st Cir. 2003) (finding that the need for a hearing before issuance of a preliminary injunction must be determined flexibly); HMG Prop. Investors. Inc. v. Parque Indus. Rio Cana . lnc., 847 F.2d 908, 915 (1st Cir. 1988) (evidentiary hearing not compulsory for issuance of preliminary injunction in instances where "[t]he taking of evidence would serve little purpose" (citing SEC v. Frank, 388 F.2d 486, 490 (2d Cir.1968))). As stated in the Complaint, on or about September 1, 2017, Defendant agreed to be bound to the terms of agreements and declarations of trust establishing certain funds administered by Plaintiffs ("Plaintiff Funds"), to be bound by the terms of collective bargaining agreements requiring contributions to those Funds, and to be bound by the terms of any successor agreement. [Compl. ~ 11]. As a result, Defendant is a party to the current collective bargaining agreement ("CBA") with the International Union of Operating Engineers Local4. [Id. ~ 12]. The CBA requires Defendant to contribute to Plaintiff Funds for each payroll hour covered by the CBA, plus interest on late payments. [Id. ~ 13]. Defendant is also required to make payroll deductions for union dues and, at an employee's election, make contributions to a social action committee. [I d. ~ 14]. Defendant made no contributions for work done under the CBA for September, October, and November 2018. [Id. ~ 15]. Although the CBA allows Plaintiffs to inspect the Defendant's payroll and such other records as are deemed necessary and pertinent to determine whether it is paying contributions due, the amount due from Defendant is presently undetermined because Defendant has not permitted an inspection. [Id.; ECF No. 6 at 2-3]. Plaintiffs request injunctive relief allowing them to audit Defendant's payroll. Given Defendant's default, Plaintiffs have demonstrated ( 1) their likelihood of success on the merits; (2) the potential for irreparable harm; (3) that a balancing of the relevant equities favors granting the motion; and (4) that the public interest favors granting an injunction. See Gately v. Massachusetts, 2 F.3d 1221, 1224 (1st Cir. 1993). NOW, THEREFORE, Defendant BR Steel, LLC and its agents shall permit an audit of the Defendant's books and records for the period September 1, 2017 to the present to determine the amount, if any, Defendant owes the Plaintiffs. Plaintiffs are not required to post a bond. SO ORDERED. Date: February 15,2019 Is/ Allison D. Burroughs ALLISON D. BURROUGHS U.S. DISTRICT JUDGE Civil Action No. 18-cv-12648-ADB

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