SAN FRANCISCO — Several groups of trustees have filed suit against a business for allegedly failing to make its employees' fringe benefits contributions.
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 Sept. 12 in U.S. District Court for the Northern District of California against Imperial Shotcrete Inc., alleging that the employer breached a collective bargaining agreement (CBA).
According to the complaint, the plaintiffs allege that on Nov. 19, 2012, they entered into a collective bargaining agreement with the defendant, where it agreed to be bound by provisions of the CBA that established the trust funds and to be subjected to all terms relating to wages, hours and conditions of employment. Although the plaintiffs have performed their part of the agreement, the defendant refused to allow the inspection and copying of the defendant’s business records by the plaintiffs’ auditors, which caused damages to the plaintiffs in an amount to be proven at trial.
The plaintiffs hold Imperial Shotcrete Inc. responsible because the defendant allegedly failed to pay employees' fringe benefit contributions, failed to pay interest on the delinquent contribution in the amount of 1.5 percent per month and failed to allow the plaintiffs' auditor to inspect the defendant's books and records.
The plaintiffs request a trial by jury and seek damages for breach of CBA, unpaid contributions, interest, an audit of the defendant’s books and records, costs of suit, attorneys’ fees and further relief as the court may deem just. They are represented by Ronald L. Richman, Susan J. Olson and Heather J. Zacharia of Bullivant Houser Bailey PC in San Francisco.
U.S. District Court for the Northern District of California case number 4:16-cv-05219