Dallas contractor sued by unions for not paying employee benefits
SHERMAN-A Texas mechanical contractor is facing a lawsuit that accuses the company of owing more than $200,000 in past due payments to the employee health and welfare benefit plans of a number of unions.
The lawsuit was filed against Mike Trevino, Trevino & Associates Mechanical GP LLC and Trevino & Associates Mechanical LP on April 19 in the Sherman Division of the Eastern District of Texas.
Trevino & Associates provides a variety of plumbing, pipefitting, industrial piping, heating, ventilation, and air-conditioning contract services in the Dallas and Austin areas.
The plaintiffs are various pipefitter and plumbers unions in the Dallas area and the locals' health, retirement and other funds.
Plaintiffs include: Trustees of the Plumbers & Steamfitters Local 100 of Dallas Health & Welfare Fund, Trustees of the Plumbers and Pipefitters National Pension Fund, Trustees of the Plumbers & Pipefitters Local 286 Health & Welfare Fund, Trustees of the Plumbers & Pipefitters Local 286 Money Purchase Plan, Trustees of the Texas Pipe Trades Health Benefit Fund and Trustees of the U.A. Plumbers & Steamfitters 401(k) Retirement Plan of TX.
Also Trustees of the Plumbers & Steamfitters Local 100 of Dallas Joint Plumbers Apprentice Fund, Trustees of the Plumbers & Steamfitters Local 100 of Dallas Industry Fund, Trustees of Plumbers & Steamfitters Local 100 of Dallas Market Recovery Fund, Trustees of the Plumbers & Steamfitters Local 100 of Dallas Education Fund, Trustees of the Plumbers Local 146 Pension Plan, Trustees of the Fort Worth Plumbing & Pipefitting Industry Fund, Trustees of the Plumbers Local 146 Apprenticeship Fund and Trustees of the International Training Fund.
The plaintiffs state that they can no longer afford to continue to provide benefit coverage to defendants' employees and dependents without receiving the past due money and if not granted relief by the court, the benefits will be terminated.
The plaintiffs argue the defendants owe at least $243,000, plus audit fees, attorney's fees and court costs.
Causes of action filed against the defendants include violations of the Employee Retirement Income Security Act of 1974, breach of contract and breach of fiduciary responsibility.
Houston attorney Douglas M. Selwyn of Conner & Winters LLP is representing the plaintiffs.
U.S. District Judge Richard A. Schell is assigned to the case.
Case No 4:10cv00195