SACRAMENTO – A California corporation is alleged to have failed to pay unpaid contributions in full and failed to provide its records for an audit.
Trustees of behalf of the Teamsters Benefit Trust filed a complaint on Sept. 7 in the U.S. District Court for the Eastern District of California against Patterson Heavy Haul Inc. over alleged violation of the National Labor Relations Act and the Employee Retirement Income Security Act.
According to the complaint, parties agreed under the NorCal Heavy Highway Building and Construction Master Agreement that the defendant is obligated to make health and welfare contributions on behalf of its covered employees to the plaintiff trust fund. The suit states part of the agreement permits an accountant selected by the plaintiff to examine the defendant's records.
However, the plaintiff alleges despite requesting in writing that the defendant provide certain documents and recordings for the period of June 1, 2014, through April 2018, defendant allegedly did not provide access to its books and records and has defaulted payment under a settlement plan and still owes $6,692.41
The plaintiff holds Patterson Heavy Haul Inc. responsible because the defendant allegedly failed to provide adequate access to its books, records, papers, or reports as required by the trust agreement and failed to remit amounts due.
The plaintiff seeks access to the defendants records within 10 days for the period of June 1, 2014, through April 30, 2018; award attorney fees; court costs; liquidated damages; delinquent contributions; late fees of $6,692.41 and for such other legal or equitable relief as the court deems appropriate. It is represented by Catherine E. Hozhauser and Christopher O. Hammer of Beeson, Tayler & Bodine APC in Sacramento.
U.S. District Court for the Eastern District of California case number 2:18-cv-02450-JAM-DB