SAN FRANCISCO – Several funds for the Sheet Metal Workers Local 104 union allege an employer has not paid contributions to them.
The boards of trustees of the Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Sheet Metal Workers Local 104 and Bay Area Industry Training Fund, Rick Werner and Sheet Metal Workers International Association Local Union 104 filed a complaint on July 25 in the U.S. District Court for the Northern District of California against Pacific Coast Balancing Inc. alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege that they suffered damages as the result of unpaid contributions. The plaintiffs hold Pacific Coast Balancing Inc. responsible because the defendant allegedly failed to pay its contributions to the trust funds on behalf of their employees as per their bargaining agreement with plaintiff from September to November 2013, February 2014, April 2014, May 2014, September 2014, December 2014 and October 2015.
The plaintiffs seek to require the defendant to comply with its obligation to them, enjoin the defendant, all unpaid contributions, liquidated damages, interest on all late paid 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-04201-EDL