SACRAMENTO – An employee benefit plan alleges that a Delaware corporation doing business in Alaska has failed to comply with an audit request.
Trustees on behalf of Supplemental Income 401(k) Plan filed a complaint on March 9 in the U.S. District Court for the Eastern District of California against Bae Systems Technology Solutions & Service Inc. alleging violation of the Employee Retirement Income Security Act and the National Labor Relations Act.
According to the complaint, the defendant is a signatory to a collective bargaining agreement with the International Brotherhood of Teamsters Local 959. The plaintiffs allege that they have made repeated attempts to secure certain payroll records from the defendant for an audit to determine whether defendant has made full and prompt payment of all sums required to pay to the trust fund on behalf of its participants.
"Although defendant has provided some of the requested records, it has allegedly failed to provide all of the records required to complete the audit as required by the trust agreement," the suit states.
The plaintiff holds Bae Systems Technology Solutions & Service Inc. responsible because the defendant allegedly failed to comply with the audit covering the period of Oct. 1, 2010, through the present.
The plaintiff seeks payment of all contributions found to be due and owing, attorney's fees, costs, and for such other and further relief as may be proper. They are represented by Catherine E. Holzhauser of Beeson, Tayer & Bodine APC in Sacramento.
U.S. District Court for the Eastern District of California case number 2:18-cv-00516-KJM-EFB