SAN DIEGO – Trustees from a labor union fund are seeking more than $900 they allege they are owed from an employer and its parent company.
Trustees of the SEIU-United Service Workers West and San Diego County Employers Trust Fund, formerly known as S.E.I.U. Local 1877 and San Diego County Employers Security Trust Fund, in their capacity as fiduciaries for the SEIU-United Service Workers West and San Diego County Employers Trust Fund filed a complaint on Dec. 21 in the U.S. District Court for the Southern District of California against Pristine Environments Inc. and Kleenhouse Building Maintenance, also known as KBM Building Services, citing the Employee Retirement Income Security Act and the Labor Management Relations Act.
According to the complaint, the plaintiffs allege that they entered into a collective bargaining agreement with the defendants, which required defendants to submit reports with appropriate contributions every first of the month and had set the amount of 20 percent or $20, whichever is greater, for delinquent contributions as liquidated damages for the failure to submit reports or contributions on time, plus interest at the rate of 7 percent per annum. The plaintiffs allege the defendants owe under-reported contributions totaling $952.18 for June and July 2016 and have failed to pay the amount.
The plaintiffs hold Pristine Environments Inc., Kleenhouse Building Maintenance, also known as KBM Building Services, responsible because the defendants allegedly failed and refused to pay all contributions.
The plaintiffs request a trial by jury and seek judgment against the defendants, delinquent contributions in the amount of $952.18, interest, liquidated damages in the amount of $1,393.81, audit costs, injunctive relief, delinquent contributions found due, additional damages, attorney’s fees and costs, and other relief as the court grants. They are represented by Laurence S. Zakson, William Y. Sheh and Natalia Bautista of Reich, Adell & Cvitan APLC in Los Angeles.
U.S. District Court for the Southern District of California Case number 3:16-cv-03073