Produce Wholesaler Sued For ERISA Violations

The Trustees of the United Teamster Fund filed a complaint on Thursday in the Eastern District of New York against produce wholesaler Mendez International Tropical Foods Inc. for allegedly violating the Employee Retirement Income Security Act (ERISA) and the Labor Management Relations Act (LMRA).

The trustees note that the defendant has been a party in the collective bargaining agreement with a union, The International Brotherhood of Teamsters. The Union receives contributions from employers like the defendant and then, invests, maintains, and distributes the money to health and welfare benefits.

According to the complaint, pursuant to the collective bargaining agreement, the defendant was obligated to submit monthly contributions to the welfare fund. However, the plaintiffs allege that Mendez International Tropical Foods willfully refused to submit the monthly contribution to the welfare fund for a former employee and, in doing so, violated the collective bargaining agreement, LMRA, and ERISA.

The plaintiff seeks the following for relief: awards of judgment for the unpaid contributions, interest on the unpaid contributions, damages, and attorney’s fees.

The plaintiff is represented by Dealy Silberstein & Braverman LLP.