Former ASI Employee Seeks Class Action
Suit Against Company
A former employee of ASI Ltd. in Whitestown, Ind., has initiated a class
action complaint against the company alleging that he and others were
released from the company due to a plant closing but without proper notice
required under the Worker Adjustment and Retraining Notification (WARN)
Act. Andrew Shepherd filed the suit “on behalf of himself and a class
of those similarly situated” in the U.S. District Court for the Southern
District Court of Indiana in late March.
The plaintiff alleges that he was an ASI employee until he was terminated
as part of or as a result of a plant closing. “As such, the defendant
is liable under the WARN Act for the failure to provide the plaintiff
and the other similarly situated former employees at least 60 days’ advance
written notice of termination, as required by the WARN Act,” alleges the
“On or about December 22, 2011, defendant ordered the termination of the
plaintiff’s employment together with the termination of approximately
200 other employees who worked at or reported to the facility as part
of a plant closing, as defined by the WARN Act, for which they were entitled
to receive 60 days advance written notice under the WARN Act,” continues
He further alleges that ASI “failed to pay [him] and the other similarly
situated employees their respective wages, salary, commissions, bonuses,
accrued holiday pay and accrued vacation for sixty (60) days following
their respective terminations and failed to make 401(k) contributions
and provide them with health insurance coverage and other employee benefits.”
Shepherd is seeking unpaid wages, salary, commissions, bonuses, accrued
holiday pay, accrued vacation pay pension and 401(k) contributions and
other ERISA benefits that he alleges would have been covered and paid
under the “then-applicable employee benefit plans had that coverage continued
for that period, for sixty (60) working days following the member employee’s
termination.” He also is asking for attorneys’ fees and a trial by jury.
Neither ASI’s counsel, nor officials at ASI, had responded to requests
for comment at press time.
ASI suspended operations on December 22, 2011, and allegedly resumed operations
with new financial backing in mid-January.
International Painters Group Sues City Glass & Mirror,
The International Painters and Allied Trades Industry Pension Fund has
filed complaints against both City Glass & Mirror in St. Petersburg,
Fla., and CBO Glass of Alden, N.Y. Both suits were filed in late March.
The Fund alleges that City Glass had labor contracts with local labor
unions or district councils affiliated with the Fund, and had agreed “to
make full and timely payment on a monthly basis to the Funds, as required
by the Labor Contracts, Trust Agreement and plan documents,” according
to the complaint.
The company further alleges that City Glass “has failed to pay amounts
due under the Labor Contracts, Trust Agreements and Plan from July 2010
through December 2011 in at least the sum of $51,815.76.”
City Glass officials declined to comment. At press time, the company appeared
to still be actively in business.
The suit against CBO Glass includes two of the company’s officials, Gilbert
DiMaio, president and CEO, and Paul F. Hogan, principal, and alleges that
the company has “failed to pay amounts due under the Labor Contracts,
Trust Agreements and Plan.”
“In order to resolve a delinquency, on or about November 14, 2011, Lawrence
Gildersleve, vice president and CFO of CBO Glass, signed a promissory
note on behalf of the companies pursuant to which the funds and companies
agreed that the companies owed the fund $319,650.42 in contributions,
interest and liquidated damages for the period of May 2011 through August
2011,” alleges the complaint. “ … Companies defaulted on the note by failing
to submit the settlement installments and by failing to submit remittance
reports and contributions for the period of December 2011 through February
CBO Glass was ranked No. 7 on the recent USGlass list of top contract
glaziers (see related story in March 2012 USGlass, page 24). CBO officials
had not responded to requests for comment at press time.
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