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Linda J. Larkin, OSB# 79295

E-mail: larkinl@bennetthartman.com

BENNETT, HARTMAN, MORRIS & KAPLAN, LLP

210 SW Morrison, Suite 500

Portland, OR 97204-3149

Telephone: 503-227-4600

Facsimile: 503-248-6800

Attorney for All Plaintiffs

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

OREGON AND SOUTHWEST WASHINGTON 

IBEW-NECA ELECTRICAL WORKERS AUDIT 

COMMITTEE

Plaintiffs,

 vs.

ALAMEDA ELECTRIC LLC, 

 Defendant.

Civil No. _________________

COMPLAINT

(ERISA Action for Delinquent 

Contributions, Specific

Enforcement of Collective

Bargaining Agreement, and 

Audit)

PARTIES

1. At all material times hereto, Plaintiff the Oregon-SW Washington NECAIBEW Electrical Workers Audit Committee, comprised of Timothy J. Gauthier and Gary 

Young (the “Audit Committee”), was and is the designated collection agent for the 

trustees of the Trust Funds, authorized to collect from signatory employers the fringe 

benefit contributions and other amounts required to be paid by employers or withheld 

from their employees’ wages, under a Collective Bargaining Agreement (“CBA”) and the 

provisions of the Trust Agreements.

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2. Pursuant to the terms of the CBA, and pursuant to policies and procedures 

agreed upon by Oregon-Columbia Chapter of National Electrical Contractors 

Association (“NECA”), International Brotherhood of Electrical Workers, Local 48 

(“Local 48") , Harrison Electrical Workers Trust Fund (“Harrison Trust”), Edison 

Pension Trust (“Edison Trust”), National Electrical Benefit Fund (“NEBF”), 

International Brotherhood of Electrical Workers District No. 9 Pension Plan (“District 9 

Pension Plan”), NECA-IBEW Electrical Training Trust (“Training Trust”), BarnesAllison Labor-Management Cooperation Trust Committee (“BALMCC”), the Audit 

Committee is authorized to take appropriate action, on behalf of the Trust Funds and 

IBEW Local 48, to collect all amounts owed by an employer under, and enforce the 

terms of, the CBA requiring payment of fringe benefit contributions, interest, liquidated 

damages, and collection costs.

3. At all material times hereto, plaintiff Harrison Electrical Workers Trust 

Fund (“Harrison Trust”) is an employee benefit plan within the meaning of 29 USC § 

1002, et. seq. of the Employee Retirement Income Security Act of 1974, as amended 

(ERISA). Harrison Trust is administered by a Board of Trustees composed of an equal 

number of representatives from labor and management designated in accordance with

the provisions of 29 USC § 186 (b ).

4. At all material times hereto, plaintiff Edison Pension Trust (“Edison 

Trust”) is an employee benefit plan within the meaning of 29 USC § 1002, et seq of the 

Employee Retirement Income Security Act of 1974, as amended (ERISA). Edison Trust 

is administered by a Board of Trustees composed of an equal number of representatives 

from labor and management designated in accordance with the provisions of 29 USC § 

186.

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5. At all material times hereto, plaintiff National Electrical Benefit Fund 

(“NEBF”) is an employee benefit plan within the meaning of 29 USC § 1002, et. seq. of 

the Employee Retirement Income Security Act of 1974, as amended (ERISA). NEBF is 

administered by a Board of Trustees composed of an equal number of representatives 

from labor and management designated in accordance with the provisions of 29 USC § 

186.

6. At all material times hereto, plaintiff International Brotherhood of 

Electrical Workers District No. 9 Pension Plan (“District 9 Pension Plan”) is an 

employee benefit plan within the meaning of 29 USC § 1002, et. seq. of the Employee 

Retirement Income Security Act of 1974, as amended (ERISA). District 9 Pension Plan 

is administered by a Board of Trustees composed of an equal number of representatives 

from labor and management designated in accordance with the provisions of 29 USC § 

186.

7. At all material times hereto, plaintiff NECA-IBEW Electrical Training 

Trust; (“Training Trust”) was and is an employee benefit plan within the meaning of 29 

USC § 1002, et. seq. of the Employee Retirement Income Security Act of 1974, as 

amended (ERISA). The Training Trust is administered by a Board of Trustees 

composed of an equal number of representatives from labor and management 

designated in accordance with the provisions of 29 USC § 186.

8. At all material times hereto, plaintiff Barnes-Allison Labor-Management 

Cooperation Committee Trust Fund (“BALMCC”) was and is an employee benefit plan 

within the meaning of 29 USC § 1002, et. seq. of the Employee Retirement Income 

Security Act of 1974, as amended (ERISA). BALMCC is administered by a Board of 

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Trustees composed of an equal number of representatives from labor and Management 

designated in accordance with the provisions of 29 USC § 186.

9. At all material times hereto, the International Brotherhood of Electrical 

Workers, Local 48 is a labor organization with its principal office and place of business 

in Multnomah County, Oregon (“Local 48"), representing employees of the Alameda.

10. Hereafter, Harrison Trust, Edison Trust, NEBF, District 9 Pension, NECAIBEW Electrical Training Trust, and BALMCC Plan together will be collectively referred 

to as Trust Funds (“Trust Funds”).

11. At all material times hereto, Defendant Alameda Electric LLC (“Alameda”) 

was and is a limited liability corporation organized under Oregon law that does business 

in Multnomah County, Oregon.

JURISDICTION AND VENUE

12. This court has jurisdiction over this action pursuant to Sections 502 and 

515 of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 USC §§ 1132 

and 1145 and further as provided under 29 USC § 186.

13. Venue is proper pursuant to Section 502(e)(2) of ERISA, 29 USA § 1132.

14. At all material times to this proceeding, defendant Alameda was bound by 

the written CBAs with Local 48, specifically the Commercial/Industrial (Inside) 

Agreement, and the Residential Agreement (the “CBAs”).

15. Plaintiffs Trust Funds maintain their principal office, within the meaning 

of 29 USC § 1132(k), in the District of Oregon.

16. By virtue of the provisions in the CBAs, Alameda agreed to be bound to the 

terms of the trust agreement and plan for each fringe benefit fund, and acknowledged, 

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accepted, and agreed to the delegation of the collection authority to the Audit 

Committee.

17. The trust agreements provide that the venue in legal proceedings initiated 

by Trust funds may be in Multnomah County, Oregon.

18. The Court should assume pendent jurisdiction over the Second Claim for 

Relief against defendant which alleges breach of contract for the following reasons:

a. The Court has jurisdiction over Plaintiffs’ First Claim for Relief 

which alleges violations of ERISA and of the LMRA;

b. The claim for breach of contract is based upon the same operative 

facts which are alleged in Plaintiffs’ ERISA and LMRA claims; and

c. Judicial economy, convenience and fairness to the parties will result 

if the Court assumes and exercises pendent jurisdiction over 

Plaintiffs’ Second and Third Claims for Relief.

FIRST CLAIM FOR RELIEF

(ERISA ACTION FOR OUTSTANDING TRUST FUND CONTRIBUTIONS

AND SPECIFIC ENFORCEMENT OF THE CBA)

19. Under the terms of the CBAs between Defendant Alameda and Local 48

and the terms of the Trust Agreements of the Trust Funds Alameda agrees to make 

payments provided for in said agreements each month on behalf of each employee 

covered by the collective bargaining agreement for employee benefits. Alameda agrees 

thereby to be bound by the terms of the Trust Agreement and the acts and 

determinations of the Trustees.

20. Proper payments were not made on all compensable hours for all 

employees working under the written collective bargaining agreement for the period of 

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January 1, 2013 through and including December 31, 2013. The total shortage as 

revealed by an audit of Alameda's books and records is the sum of $7,114.28.

21. Demand was made upon Alameda for payment of the shortages and 

Alameda failed to pay the shortages disclosed by the audit.

22. The Trust Agreement provides that, in the event an Employer does not 

properly pay contributions by the due date, interest on the outstanding contributions is 

due from the date until paid at the rate of 1 percent per month. Interest continues to 

accrue at the rate of 1% per month until paid.

23. Pursuant to the provisions of 29 U.S.C. § 1132 and pursuant to the terms of 

the Trust Funds’ Trust Agreements, by reason of Alameda's failure to make payments by 

the due date, Alameda is obligated to pay liquidated damages to Plaintiff which are due 

in the minimum amount of $150.00.

24. As a result of the failure of Alameda to make its payments by the due date, 

Plaintiff is entitled to liquidated damages of $150.00.

25. The Trust Agreement further provides that, in the event the Trustees place 

the account in the hands of legal counsel for collection, the delinquent employer shall be 

liable for all reasonable costs incurred in the collection process, including audit fees. 

Audit fees incurred by the Trust in this case are in the amount of $1,015.00 and are due 

and payable by Alameda to the Plaintiff

26. Plaintiff is entitled to its reasonable attorney's fees incurred herein 

pursuant to the provisions of 29 U.S.C. § 1132 and pursuant to the terms of the Trust 

Agreements.

/ / /

/ / /

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SECOND CLAIM FOR RELIEF

(ERISA CLAIM FOR OUTSTANDING INTEREST ON DELINQUENT

CONTRIBUTIONS, PENDANT CLAIM FOR OUTSTANDING LIQUIDATED & 

DAMAGES AND SPECIFIC ENFORCEMENT OF THE CBA)

27. The Trust Funds re-allege paragraphs 1 through 26 above as if fully set forth 

herein.

28. At the time each of the Trust Agreements were written it was impracticable 

and extremely difficult to fix the amount of damages or harm that would be caused to 

each Trust Fund by the failure of an employer to properly and timely pay contributions. 

The Trustees of each Trust Fund provided that liquidated damages would be due upon 

failure to timely pay contributions. Such a sum was settled upon by the Trustees of the 

each Trust Fund as a reasonable forecast of the compensation for the damages to each of

the Trusts arising from a delinquency and because it is not possible to make an accurate 

estimation of the damages caused by a delinquency.

29. Alameda failed to make its payments of contributions to the Plaintiff Trust 

Fund by the date due for the months of October 2013 and March 2015.

30. By reason of Alameda's failure to make the payments by the date due, 

Alameda is indebted to Plaintiff Trust Fund in the additional sum (additional to the 

amount sought in Plaintiffs’ First Claim for Relief) of $425.00 as liquidated damages, 

and in the sum of $.30 as interest, plus collection costs incurred herein.

 31. Demand was made upon Alameda for payment of the above amount, but 

Alameda failed, refused and neglected to pay said amount.

32. The Plaintiff Trust Fund is entitled to recover a reasonable attorneys' fee 

from Alameda based on the terms of the collective bargaining agreement, the 

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Subscription Agreement and the Trust Agreement, as amended, which governs the Trust 

Fund.

THIRD CLAIM FOR RELIEF

(PENDANT CLAIM FOR BREACH OF CONTRACT)

33. Plaintiffs re-allege paragraphs 1 through 32 above as if fully set forth 

herein. 

34. The CBAs provide that the Audit Committee shall enforce collection of, 

and defendant shall collect by wage withholding and forward to the Audit Committee 

collection agent, certain amounts due to employees for union dues, the Political Action 

Committee, working dues and vacation funds.

35. The CBAs provide that defendant shall pay to the Audit Committee’s 

collection agent certain amounts due to employees for Administrative Fund 

contributions.

36. The amounts due for union dues, the Political Action Committee, working 

dues, vacation funds and the Administrative Fund are due and payable on the 15th day of 

the month following the month in which the hours were worked and wages were earned 

which form the basis of the calculation of the amounts due.

37. Proper payments of union dues, the Political Action Committee, working 

dues, vacation funds and the Administrative Fund was not made on all compensable 

hours for the period of January 1, 2013 through and including December 31, 2013. The 

total shortage as revealed by an audit of Alameda's books and records is the sum of 

$1,788.39.

38. Pursuant to ORS 82.010 et seq monies which become due and owing bear 

interest at the rate of nine per cent per annum. Interest accrues daily on the total 

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amount due for PAC, union dues, working dues, vacation funds, and Administrative 

Funds at the rate of nine (9%) per cent per annum. Plaintiffs should be awarded 

interest on the balance due for wages withheld and/or due from the date due until 

Judgment is obtained at the rate of nine (9%) per cent per annum or the sum of $295.01

calculated through November 15, 2015.

WHEREFORE, plaintiffs pray for judgment against Alameda as follows:

1. Under the First Claim for Relief:

a. For unpaid contributions in the amount of $7,114.28;

b. For liquidated damages in the sum of $150.00; and

c. For interest on the outstanding amount due from the date demand for 

payment was made until paid at the rate of one percent per month.

2. Under the Second Claim for Relief:

a. For liquidated damages in the sum of $425.00; and

b. For interest on the amount due calculated at the rate of one percent per 

month or the sum of $.30.

3. Under the Third Claim for Relief:

a. For wage withholdings in the sum of $1,788.39; and

b. For interest at the rate of nine per cent per annum or calculated 

from January 15, 2014 through November 15, 2015 in the total sum of $295.01.

3. For plaintiffs’ reasonable attorney fees and costs and disbursements 

incurred.

/ / /

/ / /

/ / /

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4. For such other and further relief as the court deems just and proper.

DATED this 18th day of November, 2015.

BENNETT, HARTMAN, MORRIS & KAPLAN, LLP

/s/Linda J. Larkin

Linda J. Larkin

Oregon State Bar #79295

Telephone: 503-227-4600

E-Mail: larkinl@bennetthartman.com

Attorney for All Plaintiffs

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