SAN FRANCISCO – An employer has not paid employee contributions, a labor group alleges.
Sheet Metal Workers' Pension Plan of Northern California and its joint board of trustees; Rick Werner, trustee; and Sheet Metal Workers International Association Local Union 104 filed a complaint on Aug. 17 in the U.S. District Court for the Northern District of California against Botner Manufacturing 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 Botner Manufacturing Inc. responsible because the defendant allegedly failed to pay their monthly contributions based on the bargaining agreement on behalf of its employees. The plaintiffs allege they are owed contributions prior to March and for April and May.
The plaintiffs seek unpaid contributions, liquidated damages on all late paid and unpaid contributions and interest, all legal fees and any other relief as the court deems just. They are represented by Michele R. Stafford and Erica J. Russell of Saltzman & Johnson Law Corp. in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-04724-MEJ