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

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)

IN THE

UNITED

STATES

DISTRICT

COURT

FOR THE

EASTERN DISTRICT

OF VIRGINIA

I

IL

Alexandria Division

DEC 2 2
CLERK, U.S. DISTRICT COURT ALEXANDRIA, VIRGINIA

Civil Action No.

l:09cv803

This matter comes before Recommendation of
Defendant has not

the Court on the Report and 2009.

the Magistrate Judge dated November 17,
filed any objections to the Report and

Recommendation.
this case, the

Based on a de novo review of the evidence in
Court adopts the findings and recommendation of
Judge.

the Magistrate It

is hereby

ORDERED that judgment is entered against
the amount of
costs.

the Defendant

in

$21,870.42

and $5,160.96

in attorneys'

fees and

It reports,

is

further ORDERED that Defendant

files

remittance

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
thereto.

bargaining agreement and extensions

It is

further ORDERED that Defendant permits Plaintiffs to
its wage, payroll, and personnel records,

conduct an audit of

within twenty periods

(20)

days of the date of this Order,

for all

for which Defendant is obligated to contribute to the
collective bargaining agreement. And, should

Funds under the

such an audit reveal unreported hours
contributions are due,

and that additional

Defendant must pay all additional unpaid

contributions,

all interest,

and liquidated damages on those
the audit.

unpaid contributions,

and all costs of

It is
servants,

further ORDERED that Defendant,
employees, attorneys,

its officers,

agents,

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 for all periods for which

reports with accompanying contributions the Defendant

is obligated to do so under its current and former

collective bargaining agreements.

/s/
Claude M. Hilton

United States District Judge

Alexandria, December

Virginia 2009

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