Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund et al v. Total Air Balance Company, Inc.

Justia Dockets & Filings Fourth Circuit Virginia Eastern District Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund et al v. Total Air Balance Company, Inc.

Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund et al v. Total Air Balance Company, Inc.

Plaintiff:	Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund, Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry, Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Sheet Metal Occupational Health Institute Trust and National Energy Management Institute Committee
Defendant:	Total Air Balance Company, Inc.
Case Number:	1:2009cv00803
Filed:	July 21, 2009
Court:	US District Court for the Eastern District of Virginia
Office:	Alexandria Office
County:	Alexandria City
Presiding Judge:	Theresa Carroll Buchanan
Presiding Judge:	Claude M. Hilton
Nature of Suit:	None
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	None

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Date Filed	Document Text
December 22, 2009	Filing 12 ORDER Based on a de novo review of the evidence in this case, the Court adopts the findings and recommendation of the Magistrate Judge. It is hereby ORDERED that judgment is entered against the Defendant in the amount of $21,870.42 and $5,1 60.96 in attorneys' fees and costs. It is further ORDERED that Defendant files remittance reports, if not already filed, and makes payments due within twenty (20) days of this Order for the period January 2007 through May 2009, and for all other periods for which it is obligated until the expiration of the current collective bargaining agreement and extensions thereto. It is further ORDERED that Defendant permits Plaintiffs to conduct an audit of its wage, payroll, and personnel records, w ithin twenty (20) days of the date of this Order, for all periods for which Defendant is obligated to contribute to the Funds under the collective bargaining agreement. And, should such an audit reveal unreported hours and that additional contributio ns are due, Defendant must pay all additional unpaid contributions, all interest, and liquidated damages on those unpaid contributions, and all costs of the audit. It is further ORDERED that Defendant, its officers, agents, servants, employees, attor neys, and all persons acting on their behalf or in conjunction with them be restrained and enjoined from refusing to file complete, proper, and timely remittance reports with accompanying contributions for all periods for which the Defendant is obligated to do so under its current and former collective bargaining agreements. Signed by District Judge Claude M. Hilton on 12/22/2009. (stas)

Date Filed

Document Text

December 22, 2009

Filing 12 ORDER Based on a de novo review of the evidence in this case, the Court adopts the findings and recommendation of the Magistrate Judge. It is hereby ORDERED that judgment is entered against the Defendant in the amount of $21,870.42 and $5,1 60.96 in attorneys' fees and costs. It is further ORDERED that Defendant files remittance reports, if not already filed, and makes payments due within twenty (20) days of this Order for the period January 2007 through May 2009, and for all other periods for which it is obligated until the expiration of the current collective bargaining agreement and extensions thereto. It is further ORDERED that Defendant permits Plaintiffs to conduct an audit of its wage, payroll, and personnel records, w ithin twenty (20) days of the date of this Order, for all periods for which Defendant is obligated to contribute to the Funds under the collective bargaining agreement. And, should such an audit reveal unreported hours and that additional contributio ns are due, Defendant must pay all additional unpaid contributions, all interest, and liquidated damages on those unpaid contributions, and all costs of the audit. It is further ORDERED that Defendant, its officers, agents, servants, employees, attor neys, and all persons acting on their behalf or in conjunction with them be restrained and enjoined from refusing to file complete, proper, and timely remittance reports with accompanying contributions for all periods for which the Defendant is obligated to do so under its current and former collective bargaining agreements. Signed by District Judge Claude M. Hilton on 12/22/2009. (stas)

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Search for this case: Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund et al v. Total Air Balance Company, Inc.
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Plaintiff: Board of Trustees, National Stabilization Agreement of the Sheet Metal Industry Trust Fund
Represented By:	David Stephen Bahuriak, Jr.
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Plaintiff: Board of Trustees, International Training Institute for the Sheet Metal and Air Conditioning Industry
Represented By:	David Stephen Bahuriak, Jr.
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Plaintiff: Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund
Represented By:	David Stephen Bahuriak, Jr.
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Plaintiff: Sheet Metal Occupational Health Institute Trust
Represented By:	David Stephen Bahuriak, Jr.
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Plaintiff: National Energy Management Institute Committee
Represented By:	David Stephen Bahuriak, Jr.
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Defendant: Total Air Balance Company, Inc.
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