SAN FRANCISCO – Labor union trusts allege that an employer has filed to pay contributions as required per their agreement.
Operating Engineers’ Health and Welfare Trust Fund for Northern California, et al. filed a complaint on Nov. 21 in the U.S. District Court for the Northern District of California against
Taylor-Bailey Inc., Michael Joseph DiGiulio and Robert Clark Covey citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege that they entered into a bargaining agreement with the defendants and that the defendants are required to pay certain contributions, maintain time records, and to permit an authorized trust fund representative to examine such records. The plaintiffs allege that the defendants failed to pay contributions due for the periods June to August 2016 and interest for late payments for October 2015 and January, April, May and July 2016.
The plaintiffs hold Taylor-Bailey Inc., DiGiulio and Covey responsible because the defendants allegedly failed to fulfill its obligations under the agreement by failing to pay the required contributions and permit an audit of their records.
The plaintiffs seek judgment against defendants, unpaid contributions, interest, liquidated damages, attorneys' fees, costs of action, order defendants to comply with their obligations and further relief as the court may deem just. They are represented by Michele R. Stafford and Edward D. Winchester of Saltzman & Johnson Law Corp. in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-06724