SAN FRANCISCO – An employer is accused of not paying contributions to several trust 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; Operating Engineers and Participating Employers Pre-Apprentice, Apprentice and Journeyman Affirmative Action Training Fund; Russell E. Burns and Richard Piombo as trustees; Heavy and Highway Committee and Operating Engineers Local 3 of the International Union of Operating Engineers, AFL-CIO filed a complaint on May 13 in the U.S. District Court for the Northern District of California against Diablo Contractors Inc. alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege that between November 2013 and March 2016, they were damaged as a result of unpaid contributions from the defendant. The plaintiffs hold Diablo Contractors Inc. responsible because the defendant allegedly failed to pay its monthly contributions on behalf of their employees per the bargaining agreement between the parties.
The plaintiffs seek any unpaid contributions, liquidated damages on all late paid and unpaid contributions plus interest, 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-02604-JSC