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Jan
2016
13

Roofers Claim Contractor Dodged Bargaining Agreement, Pension Payments Using Shadow Company

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The Employers Joint Health and Welfare Fund, the National Roofing Industry Pension Fund, and the Roofers Union have filed a lawsuit against Ascension Sheet Metal LLC alleging that the owners of the company formed a separate entity in order to operate outside of a collective bargaining agreement.  The Gonzales-based company, which does business as Ascension Sheet Metal Roofing & Sheet Metal, has been taken to court in the U.S. District Court for the Middle District of Louisiana.  

The Roofers Union claims that the company broke the labor agreement in order to stop paying into its pension fund:

According to the complaint, Ascension’s president, Rebecca Evans, entered the company into a year-to-year collective bargaining agreement beginning in January 2010. The contract required monthly contributions and reports sent to the fund for all foremen, journeymen and apprentices.

However, the suit says that by September 2013, the plaintiff had filed a complaint for delinquent contributions. In addition, the complaint asserts the defendants formed subsidiaries JR I-Con and JRE as a way to avoid paying the union contributions.

The plaintiffs are seeking delinquent pension contributions dating back to 2013 as well as 12 percent interest, a 10 percent Employee Retirement Income Security Act penalty, and reimbursement of litigation costs.  

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