SAN FRANCISCO – Multiple trust funds are suing a utility company over allegations it did not pay contributions on behalf of its employees.
The board of trustees in their capacities as trustees of the Laborers Health and Welfare Trust Fund for the Northern California; Laborers Pension Trust Fund for Northern California; Laborers Vacation-Holiday Trust Fund for Northern California; and Laborers Training-Retraining/Apprenticeship Trust Fund for Northern California filed a complaint on April 15 in the U.S. District Court for the Northern District of California against Valley Utility Services Inc., citing breach of contract.
According to the complaint, the plaintiffs allege that between January 2013 and December 2014 they suffered damages as a result of unpaid contributions from the defendant. The plaintiffs holds Valley Utility Services Inc. responsible because the defendant allegedly agreed to the master bargaining agreement that it would pay monthly contributions on behalf of its employees but failed to do so.
The plaintiffs seek an order to pay contributions amounting to $131,844.77 and liquidated damages plus interest in the amount of $40,951.67; pay fringe benefit contributions of at least $7,708.26; pay liquidated damages in the amount of $2,882.66 for July 2014 through March 2015 and July 2015; liquidated damages and interest for reported contributions but not paid in the amount of $2,562.42 for April 2015 through June 2015, September 2015 and December 2015 through January; pay actual damages; permanent injunction against the defendant; all legal fees and any other relief as this court deems just. They are represented by Barry E. Hinkle, Concepcion E. Lozano-Batista and Tracy L. Mainguy of Weinberg, Roger & Rosenfeld in Alameda.
U.S. District Court for the Northern District of California Case number 3:16-cv-02003