PHILADELPHIA — A laborers' union trust fund is suing Windy Hill Excavating Inc., an employer, citing alleged breach of contract due to failure to contribute to various funds.
Board of Trustees of the Laborers' District Council Construction Industry Pension Fund, Laborers' District Council Construction Industry Pension Fund, Board of Trustees of the Laborers' District Council Heavy and Highway Construction Health and Welfare Fund, Laborers' District Council Heavy and Highway Construction Health and Welfare Fund, Board of Trustees of the Laborers' District Council Prepaid Legal Services Fund, Laborers' District Council Prepaid Legal Services Fund, Board of Trustees of the Laborers' District Council Education and Training/ Apprenticeship Fund, Laborers' District Council Education and Training/ Apprenticeship Fund , Board of Trustees of the Laborers' District Council Laborers-Employers Cooperation and Education Trust, Laborers' District Council Laborers' Employers Cooperation and Education Trust, Contractors' Association of Eastern Pennsylvania, Laborers' District Council Regional, State and Local Health and Safety Fund, The Laborers' District Council of the Metropolitan Area of Philadelphia and Vicinity, and the Laborers' International Union of North America filed a complaint on July 6 in the U.S. District Court for the Eastern District of Pennsylvania against Windy Hill Excavating Inc. alleging that the employer failed to make a timely payment for monthly contributions to the plaintiffs.
According to the complaint, the plaintiffs allege that they sustained damages resulting from unpaid contributions. The plaintiffs holds the defendant responsible because the defendant allegedly failed to pay the plaintiffs for monthly contributions on behalf of their employees.
The plaintiffs seek total unpaid contributions and deductions, interest, audit fees, liquidated damages, penalties, court costs and any further relief the court grants. They are represented by Mariellen Bello of Susanin Widman & Brennan, PC in Wayne.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-03695-JS