SAN FRANCISCO – The boards of trustees of several plans allege that a Fremont employer will not let an auditor inspect its books and records per the terms of their bargaining agreement.
Board of trustees of the Laborers Health and Welfare Trust Fund for Northern California, board of trustees of the Laborers Pension Trust Fund for Northern California, board of trustees of the Laborers Vacation-Holiday Trust Fund for Northern California, and board of trustees of the Laborers Training and Retraining Trust Fund for Northern California filed a complaint on June 3 in the U.S. District Court for the Northern District of California against Daniel L. Powell, an individual doing business as Daniel Powell Concrete Cutting, alleging breach of collective bargaining agreement.
According to the complaint, the plaintiffs allege that the defendant allegedly refused the labor groups' auditor to inspect and copy its records. The suit states that the plaintiffs believe that an audio will show unpaid and delinquent employee fringe benefit contributions.
The plaintiffs seek all damages for unpaid contributions plus interest, liquidated damages, to have an opportunity to conduct an audit of defendant's records, all legal fees and any other relief as this court deems just. They are represented by Ronald L. Richman and Susan J. Olson of Bullivant Houser Bailey PC in San Francisco.
U.S. District Court for the Northern District of California Case number 4:16-cv-02996-KAW