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NORTHERN CALIFORNIA RECORD

Thursday, March 28, 2024

Empire Engineering & Construction Inc. accused of not paying contributions

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SAN FRANCISCO – A California corporation is accused of not paying employee contributions to labor union funds.

Operating Engineers’ Health and Welfare Trust Fund for Northern California, Pension Trust Fund for Operating Engineers, Pensioned Operating Engineers’ Health and Welfare Trust Fund, et al. filed a complaint on Oct. 5 in the U.S. District Court for the Northern District of California against Empire Engineering & Construction Inc. and Clifton Burch citing the Employee Retirement Income Security Act and the Labor Management Relations Act.

According to the complaint, the plaintiffs allege that the defendants have failed to pay proper amounts due to plaintiffs from Jan. 1, 2013, through March 31.

The plaintiffs hold Empire Engineering & Construction Inc. and Burch responsible because the defendants allegedly breached their statutory duties under the bargaining agreement to timely make the required payments of all amounts owed to plaintiffs.

The plaintiffs request a trial by jury and seek judgment against defendants for unpaid contributions, damages, interest, attorneys' fees, costs of action and further relief as the court may deem 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-05645

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