SCRANTON — A labor union is suing a sheet metal company, citing alleged breach of contract.
Warren Faust and Lori Eshenaur, as trustees of the Sheet Metal Workers Local 44 Retirement Income Plan, Sheet Metal Workers Local 44 Annuity Fund, Sheet Metal Workers Local 44 Welfare Fund and Sheet Metal Industry Education Fund filed a complaint Oct. 5 in the U.S. District Court for the Middle District of Pennsylvania against Mike Bevilacqua Sheet Metal Inc., alleging the Pennsylvania company failed to make its monthly contribution to the plaintiff.
According to the complaint, the plaintiffs allege that they sustained financial damages as the result of unpaid and late paid Employee Retirement Income Security Act contributions. The plaintiffs hold Mike Bevilacqua Sheet Metal responsible because the defendant allegedly breached its contractual agreement by failing to pay contributions on behalf of its employees.
The plaintiffs seek contributions due in the sum of $107,383.60 plus any additional contributions, liquidated, interest, liquidated damages, court costs and any further relief this court grants. They are represented by Charles W. Johnston of Charles W. Johnston P.C. in Camp Hill.
U.S. District Court for the Middle District of Pennsylvania case number 3:17-cv-01820-RDM