PHILADELPHIA — Trustees of labor funds are suing employers, alleging breach of contract.
Trustees of the National Elevator Industry Pension, Health Benefit, Educational, Elevator Industry Work Preservation Funds, Elevator Constructors Annuity and 401 (K) Retirement Plan filed a complaint on Sept. 14 in the U.S. District Court for the Eastern District of Pennsylvania against Total Elevator Company and Delores Esposito, alleging that they failed to pay monthly contributions to the labor funds.
According to the complaint, the plaintiffs allege that they suffered damages from the unpaid contributions. The plaintiffs hold Total Elevator Company and Delores Esposito responsible because the defendants allegedly breached their bargaining agreement with the plaintiffs by failing to pay monthly contributions on behalf of their employees.
The plaintiffs seek $46,662.48 in contributions due for June and July, plus interest, $41,239.88 in contributions and interest due for the payroll audit of March 1, 2014 through September 30, 2015, plus additional accrued interest and audit fees, $17,229.60 for liquidated damages, 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-04950-CMR