PHILADELPHIA – Trust funds for a labor group allege that a Chino, California company and its president/owner have failed to pay contributions on behalf of their employees.
Trustees of the National Elevator Industry (NEI) Pension, Health Benefit, Educational, Elevator Industry Work Preservation Funds, Elevator Contructors Annuity and 401(k) Retirement Plan filed a complaint on July 29 in the U.S. District Court for the Eastern District of Pennsylvania against Caliber Elevator Corp. and Peter Fierro alleging violation of the Employee Retirement Income Security Act and the Labor-Management Act.
According to the complaint, the plaintiffs allege that they suffered damages as the result of unpaid contributions. The plaintiffs holds Caliber Elevator Corp. and Fierro responsible because the defendants allegedly failed to pay to the labor funds their monthly contributions in May and June on behalf of their employees according to their bargaining agreement.
The plaintiffs seek $107,645.32 in contributions allegedly due, liquidated damages in the amount of $21,529.06, court costs, and any further relief the court grants. They are represented by Robert P. Curley and David D. Capuano of O'Donoghue & O'Donoghue LLP in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-04095-NIQA