SAN FRANCISCO – The boards of trustees for several labor union funds allege a California employer has refused to submit to an audit per their bargaining agreement.
The Board of Trustees, as trustees of the Laborers Health and Welfare Trust Fund for Northern California, Laborers Vacation-Holiday Trust Fund for Northern California, Laborers Pension Trust Fund for Northern California and Laborers Training and Retraining Trust Fund for Northern California filed a complaint on Sept. 27 in the U.S. District Court for the Northern District of California against El Camino Paving Inc. alleging breach of contract.
According to the complaint, the plaintiff alleges that it is obligated to ensure that contributions required to be made to the trust funds under the collective bargaining agreements are made. It alleges it cannot determine whether the defendant has made prompt and correct payment of all fund contributions because of its refusal to submit to audit, as a result, plaintiff is unable to ascertain the amount of damages suffered by the trust funds.
The plaintiffs hold El Camino Paving Inc. responsible because the defendant allegedly failed to allow access to the records requested to determine the exact amount of fringe benefit contributions owed and failed to submit to an audit of books and records.
The plaintiffs request a trial by jury and seek judgment in its favor, for defendant to submit to a full audit, damages, attorneys' fees, costs of suit, and further relief as the court deems just. It is represented by Barry E. Hinkle, Concepcion E. Lozano-Batista and Ezekiel D. Carder of Weinberg, Roger & Rosenfeld in Alameda.
U.S. District Court for the Northern District of California Case number 3:16-cv-05504