PHILADELPHIA - A union is suing GMS Elevator Services Inc. and GMS owners Pamela Simpkins and Gordon Matthew Simpkins, citing alleged breach of contract for failing to make union benefits contributions required by contract.
Trustees of the National Elevator Industry Pension and the associated group funds filed a complaint March 20 in the U.S. District Court for the Eastern District of Pennsylvania alleging the defendants failed to remit fringe benefit contributions to the labor funds.
According to the complaint, the plaintiffs allege they sustained damages due to the unpaid contributions. The plaintiffs hold the defendants responsible because they allegedly breached their contractual agreement with the plaintiffs by failing to remit contributions and deductions on behalf of their employees.
The plaintiffs seek judgment against the defendants in the form of retirement plan funds totaling $116,661.18. 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 2:17-cv-01247-JS