SACRAMENTO – A construction company is alleged to have breached a bargaining agreement by failing to allow an audit of its records.
Board of Trustees of the Roofers Local 27 Health and Welfare Trust Fund, et al. filed a complaint on May 7 in the U.S. District Court for the Eastern District of California against Absolute Urethane and Does 1 through 50 over alleged violation of the Employee Retirement Income Security Act of 1974.
According to the complaint, the plaintiffs allege that they have performed all conditions, covenants and promises required of them by the collective bargaining agreements but defendants have allegedly refused to submit and provide them access to their books and records so that auditors can conduct an audit of submitted contribution reports.
The plaintiffs seek judicial determination that they can conduct an audit of the defendants' records, seek judgment for all unpaid and underpaid contributions, remit all pre- and post-judgment interest, reimburse attorneys' fees incurred, costs of suit, and for such other and further relief as the court may deem just and proper. They are represented by Henry Y. Chiu of Henry Y. Chiu in Fresno.
U.S. District Court for the Eastern District of California case number 1:18-cv-00623-DAD-SAB