PHILADELPHIA – A labor union fund alleges that a Dolton, Illinois, employer failed to timely pay contributions.

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. 28 in the U.S. District Court for the Eastern District of Pennsylvania against Apex Elevator Co. Inc. and Anthony Templeton citing the Employee Retirement Income Security Act and the Labor-Management Relations Act.

According to the complaint, the plaintiffs allege that the defendant is late in its payments for September, October and November 2016 and May and July 2017.

The plaintiff holds Apex Elevator Co. Inc. and Templeton responsible because the defendants allegedly breached their contractual agreement with the plaintiff by failing to remit their employees' monthly contributions in a timely manner.

The plaintiffs seek $1,092.71 in contributions due for September 2016, plus interest; $72.30 in contributions due for October 2016, plus interest; $72.30 in contributions due for November 2016, plus interest; $5,266.80 in contributions due for May 2017, plus interest; $43,010.76 in estimated contributions due for June and July 2017; liquidated damages of $9,902.97; court costs; interest on all late filed contributions; court costs and any further relief the court grants. It is 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-04336-GEKP

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