Annie Hunt Feb. 23, 2016, 1:37pm


PHILADELPHIA — A hospital union administrator is suing the North Philadelphia Health System, alleging failure to make payments into a retirement fund for employees.

Nicole Nicholas, as administrator of the District 1199C National Union of Hospital and Health Care Employees Group Legal Services Fund, filed a lawsuit Jan. 19 in U.S. District Court for the Eastern District of Pennsylvania against North Philadelphia Health System (NPHS), alleging breach of collective bargaining agreement, violation of ERISA

According to the complaint, NPHS agreed to be bound by the terms of a collective bargaining agreement covering the period of Dec. 13, 2012, through June 30, 2018, with the National Union of Hospital and Health Care, AFSCME, AFLCIO and its affiliate District 1199C, setting forth wage, hours and conditions for employees. Among the provisions of the agreement are clauses that require the defendant to make timely contributions on a monthly basis at the rate of 75 cents per hour worked by employees, the suit says.

The suit states that in the 2014 and 2015 years, the defendant repeatedly did not pay the full amount stipulated in the agreement, in liquidated damages and interest.

Nicholas seeks damages of $44,902.32, representing $27,614.35 in unpaid contributions, $11,817.03 in unpaid liquidated damages, and $5,470.94 in unpaid interest and additional sums, interest, costs, attorney fees and an order for the defendant to make future contributions. She is represented by attorneys Jonathan Walters, R. Matthew Pettigrew Jr., and Mark Kaltenbach of Markowitz & Richman in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-00232-BMS

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