SAN FRANCISCO — Several groups of trustees are suing a California corporation for alleged breach of collective bargaining agreement.

The board of trustees of the Cement Masons Health and Welfare Trust Fund for Northern California, board of trustees of the Cement Masons Pension Trust Fund for Northern California, board of trustees of the Cement Masons Vacation-Holiday Trust Fund for Northern California and board of trustees of the Cement Masons Training 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 California corporation breached its duty of good faith and fair dealing.

According to the complaint, the plaintiffs allege that on Feb. 7, 2003, the board of trustees entered into an agreement with the defendant where the latter agreed to pay fringe benefit contributions into each trust fund in regular monthly installments. Although the agreement was never terminated and the plaintiffs have performed their part of the agreement, the defendant allegedly refused to allow an inspection of its books, thereby causing damages to the plaintiffs in an undetermined amount plus legal expenses. 

The plaintiffs hold Imperial Shotcrete Inc. responsible because the defendant allegedly refused to allow the inspection and copying of its business records by the plaintiffs’ auditors and failed to pay all employee fringe benefit contributions owed to the plaintiffs under the terms and conditions of the trust agreement.

The plaintiffs request a trial by jury and seek judgment against the defendant, unpaid contributions, damages, conduct an audit of 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 in San Francisco.

U.S. District Court for the Northern District of California case number 3:16-cv-05220

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U.S. District Court for the Northern District of California
450 Golden Gate Avenue
San Francisco, CA - 94102

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