SAN FRANCISCO – A Nevada corporation is facing allegations from labor unions that it owes unpaid contributions.
Operating Engineers' Health and Welfare Trust Fund for Northern California; Pension Trust Fund for Operating Engineers; Pensioned Operating Engineers' Health and Welfare Trust Fund; Operating Engineers and Participating Employers Pre-Apprentice, Apprentice and Journeyman Affirmative Action Training Fund; Russell E. Burns and Richard Piombo; and Operating Engineers Local 3 of the International Union of Operating Engineers, AFL-CIO filed a complaint on May 24 in the U.S. District Court for the Northern District of California against Kino Aggregates, Inc. citing violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege that between December 2015 and January, they suffered damages as a result of unpaid contributions to the Operating Engineers' Vacation and Holiday Pay Plan. They also allege that late-paid contributions were made in 2013 to 2016 in various months. The plaintiffs hold Kino Aggregates Inc. responsible because the defendant allegedly refused to pay monthly contributions to the trust fund on behalf of their employees in violation of the terms of the bargaining agreement between the parties.
The plaintiffs seek any unpaid contributions, liquidated damages on all late and unpaid contributions, all legal fees and any other relief as the court deems just. They are represented by Michele R. Stafford and Matthew P. Minser of Saltzman & Johnson Law Corp. in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-02795