What should I do if an employer is delinquent in paying contributions?
An Employer’s failure to pay contributions when due is a violation of the CBA, the Fund’s Trust Document, and federal law. SMART could require that the Local Union withhold labor from that Employer. An Employer’s continued nonpayment can lead to the Fund’s termination of the Employer, in which event your members will no longer earn pension credit. The Employer will be sued. Federal law requires the Employer to pay interest, 20% liquidated damages and attorneys’ fees.