ST. LOUIS — Labor organizations and trustees are suing an excavation company, citing alleged violation of a contract.
Greater St. Louis Construction Laborers Welfare Fund, Construction Laborers Pension Trust of Greater St. Louis, et al filed a complaint on March 1 in the U.S. District Court for the Eastern District of Missouri against Tope Inc., d/b/a Tope Excavating, alleging that the Missouri corporation violated the Employee Retirement Income Security Act and the Labor Management Relations Act.
According to the complaint, the plaintiffs allege that as a result of the defendant's actions, they suffered accruing damages of $83,628.023 and $867.40 in interest through March 1. The plaintiffs holds Tope Excavating responsible because the company allegedly failed to file its monthly report for the month of January 2017 and untimely filed its reports for the months of January, June and October 2014; March, November, December, 2015; January and June-December 2016.
The plaintiffs seek an order requiring defendant to submit the employee hours report form and contributions and to recover contributions, interest, liquidated damages, costs, accounting fees, attorneys' fees and such other relief as the court may consider appropriate. They are represented by Janine M. Martin of Hammond and Shinners PC in St. Louis.
U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-00807