ASI Faces Lawsuit
March 5, 2012
by Sahely Mukerji, email@example.com
The Trustees of the Indiana State Council of Roofers and Health
and Welfare Fund have filed a complaint
against ASI Ltd. in the U.S. District Court
alleging that the company has breached its contract. The suit was
filed in Northern District of Indiana on January 24
"This is an action brought pursuant to Section 301 of the Labor
Management Relations Act of 1947 ... and also Section 502 of the
Employee Retirement Security Act of 1974 ... to compel defendant
to comply with the aforesaid Acts and the payments required under
its Collective Bargaining Agreement," alleges the complaint.
The Indiana State Council of Roofers Health and Welfare Fund is
a multi-employer employee benefit plan that provides health, welfare
and other benefits for employees of employers who contribute into
its plan, according to court documents.
The Fund alleges that ASI Ltd. signed an agreement with the plaintiff
on or about September 2, 2009, to make contributions and payments
for health and welfare fund on behalf of the employees, the complaint
states. The group further alleges that beginning in November 2011
ASI Ltd. breached that agreement and failed to make the necessary
deductions and payments to the plaintiff, according to court documents.
Therefore, the Trustees have requested that the court award "whatever
damages, including attorney fees, which will compensate them for
the defendant's breaches of contract, that the defendant be ordered
to comply with said contracts and pay the amounts provided for in
said contracts to plaintiff, said health and welfare fund and all
other proper remedies, legal and equitable, plus interest and costs,"
according to court documents.
William J. Tucker of Tucker, Hester LLC of Indianapolis is representing
ASI, according to a February 13 court document. Charles L. Berger
of Evansville, Ind., is representing the Trustees of the Indiana
State Council of Roofers and Health and Welfare Fund.
ASI filed a motion
for extension of time of 30 days, to and including
March 14, to respond to plaintiff's complaint on February 13.
On February 16, Andrew P. Rodovich, U.S. magistrate judge at the
U.S. District Court, Northern District of Indiana, Lafayette Division,
telephonic pretrial conference before him
for March 22 at 1 p.m. (CST), according to court documents.
On February 27, Berger filed an amended
complaint with the following organizations
added as plaintiffs: the Trustees of the Indiana State Council of
Roofers and Health and Welfare Fund; International Union of Painters
and Allied Trades Glaziers Local Union 387; International Union
of Painters and Allied Trades Glaziers Local Union 387 Pension Fund;
International Union of Painters and Allied Trades Glaziers Local
Union 387 Southern Ohio Health and Union Fund; and International
Union of Painters and Allied Trades Glaziers Local Union 387 Joint
Apprenticeship and Training Committee.
On March 2, Rodovich granted
ASI the motion for enlargement of time to respond to the plaintiff's
complaint, and ordered that ASI has until and including March 14
to respond, move or otherwise answer the plaintiff's amended complaint.
ASI Ltd. suspended
operations on December 30, 2011, and resumed
operation in mid-January with new ownership.
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