Union Sues Cardi Corp. for More Than $500,000 in “Unpaid and Delinquent Benefit Contributions”

Tuesday, March 28, 2023

 

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IMAGE: Cardi Corp

The International Union of Operating Engineers (IUOE) Local 57 is suing Cardi Corporation and Cardi Materials, alleging that the contractor is liable for “unpaid and delinquent benefit contributions.”

Specifically, the union is alleging the Cardi entities failed to make required payments to the union’s retirement and support funds for months.

Local 57 is headed by James White, who was the whistleblower on the 6/10 contamination — he brought the dumping to GoLocal’s attention in 2020.

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The lawsuit, filed in U.S. District Court on March 16, counts the IUOE Local 57 Health and Welfare Fund, Pension Fund, Annuity Fund, Legal Services Fund, Apprenticeship Fund, Union Administration Fund, Political Action and Education Fund, and Industry Advancement Fund as plaintiffs.

 

Cardi - a Rhode Island Institution

Cardi Corporation has been a Rhode Island institution.

“The Cardi family of construction companies was founded by Antonio B. Cardi, who came to America in 1903 and began his career in construction building railroads in Johnstown, Pennsylvania. He quickly rose to the position of foreman and worked successfully in that position until the railroad project was completed. Antonio then settled in Rhode Island, bought a pair of horses and a bottom dump wagon and went into the excavation, sand gravel and hauling business in 1905,” according to the company’s history.

Over the years, Cardi has worked on high-profile projects including Waterplace Park, Foxwoods' campus, and the Washington Bridge. 

“From November 2022 through the present, Cardi Corporation failed to make the required contributions to the Funds in violation of the agreements and Section 515 of ERISA, 29  U.S.C. § 1145,” according to the lawsuit — which alleges Cardi Materials stopped making the required contributions a month earlier.

Moreover, the plaintiffs allege that both Cardi entities failed to “report the hours worked by its employees who are members of Local 57 an failed to do so for the months of January and February 2023” as obligated.

The plaintiffs, which include the funds’ chairman James White as well as trustees — including Stephen Cardi and Antonio Cardi — assert that Cardi Corporation and Cardi Materials “were obligated to pay wages and benefits to employees pursuant to the terms of one or more collective bargaining agreements between it and IUOE Local 57.”

 

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U.S. Federal District Court

Total Damages

According to the plaintiffs, the unpaid contributions owed by Cardi Corporation to the funds for hours worked by IUOE Local 57 members totals nearly a half-million dollars — $471,799.49, to be exact.

The amount owed by Cardi Materials is $69,825.76, allege the plaintiffs.

The lawsuit seeks both the above funds as well as interest of 1.5% a month from when payment was due, as well as attorneys fees.

Cardi did not respond to request for comment about the litigation.

 
 

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