SAN FRANCISCO – An employer is accused of breaching a bargaining agreement by failing to permit an audit.
Operating Engineers' Health and Welfare Trust Fund for Northern California, Pension Trust Fund for Operating Engineers, et al. filed a complaint on April 26 in the U.S. District Court for the Northern District of California against Central Valley Construction citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege that the defendant has failed to submit to an audit as outlined in their bargaining agreement from October 2014 to the date of the inspection.
The plaintiffs seek require the defendant to comply with its obligation to the plaintiff, enjoin the defendant, any unpaid contributions, liquidated damages, interest, all legal fees and any other relief as the court deems 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 4:17-cv-02365-KAW