Facts

Plaintiff District Council 16 of the International Union of Painters and Allied Trades, entered into a bargaining agreement with Christopher Lum Hyland, owner of Hyland-Tsukamoto Painting and Decorating in San Francisco.

District Council 16 alleged that under the agreement, Hyland was required to submit monthly reports of hours worked by its employees and regularly contribute to its ERISA funds. The agreement also required Hyman to pay interest on the combined contributions and liquidated damages at the rates set by the bargaining agreement.

The union contended that Hyland failed to report and pay the contributions to the ERISA funds for hours worked by its employees from June through August 2007, even after numerous demands. The union further alleged that Hyland failed to pay liquidated damages and interest owing for the period of February through March of 2007.

The plaintiffs brought suit for breach of contract and violation of ERISA.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Hyland had a statutory and contractual duty to make the required timely payments to the ERISA funds, which it failed to do.

Damages

The plaintiff sought $55,000.

Result

The court entered a consent judgment awarding the plaintiffs $55,242.25, with Hyland to pay the plaintiffs $4,610 a month for 12 months through October 2008.