The trustees and fiduciaries for the local 584 pension trust fund have filed a Rollin Dairy pension lawsuit by alleging that unpaid and delinquent contributions due from September 2015 through 2017 should be paid to the pension fund.
The employees claim under calculations have made the pension fund value lower than it should be.
Breach of Fiduciary Duty Claims Lodged in Rollin Dairy Pension Lawsuit
The Rollin Dairy pension lawsuit also asks for interest, liquidated damages or additional interest, reasonable attorney’s fees and costs and statutory damages of the defendants.
The trustees claim that in bringing this Rollin Dairy lawsuit they are enforcing the terms of the trust agreement regarding the pension fund as well as collective bargaining agreements.
The action is brought under ERISA and alleged violations of that law. The Rollin Dairy pension lawsuit says that the pension fund was formed as an employee benefit plan subject to numerous collective bargaining agreements between the union and employers responsible for making contributions to the pension fund.
ERISA governs the management of certain retirement accounts and plans in the U.S. and enables harmed employees to take legal action against someone who has violated those regulations.
The trustees bringing the Rollin Dairy pension lawsuit argue that under ERISA, plaintiffs are entitled to unpaid contributions, liquidated damages in the amount of 25% of unpaid contributions or the interest of the unpaid contributions, interest up to 18% per year on those unpaid contributions, and attorney fees and costs.
According to collective bargaining agreements named in the Rollin Dairy pension lawsuit, the defendants were required to make a contribution rate for each employee per hour of $3 for regular employees and $3.70 for the period from September 1, 2016, to August 31, 2017.
For utility class employees, that contribution was $1.15 per employee per hour from September 1, 2015, to August 31, 2016, and $1.70 between September 2016 and August 31, 2017.
According to the Rollin Dairy lawsuit paperwork, the defendant submitted regular employee contributions of $2.50 per hour between 2015 and 2016 and $2.70 per hour between 2016 and 2017. For utility class employees, they submitted $0.65 per employee per hour between 2015 and 2016 and 70c per employee per hour from 2016 to 2017.
As explained in the paperwork filed regarding the collective bargaining agreement, the totals collective delinquent contributions are nearly $35,000. The plaintiffs want these past-due amounts added to the pension fund in addition to interest and other fees.
The Rollin Dairy pension lawsuit is Demopoulos Abramson & Patrizio v. Rollin Dairy Corp., Case No. 2:17-CV-07225-JS-GRB filed in the United States District Court Eastern District of New York.
If you or someone you know believes you have a pension lawsuit associated with violations of ERISA, you need to consult with an experienced attorney immediately to evaluate your claim. The lawyers at Bradley/Grombacher are investigating and handling claims on behalf of employees injured by breach of fiduciary duty due to ERISA violations- fill out the form on this page now to learn more.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.
