ST. LOUIS — Labor organization, trustees and representatives are suing an excavation company and its officers, citing alleged violation of workers compensation acts.
Local 513, International Union of Operating Engineers, AFL-CIO, Patrick P. Kammer, Local Union 513 Pension Fund, et al filed a complaint in the U.S. District Court for the Eastern District of Missouri against
James Martin Excavating Inc., James Martin and David Martin
alleging that the dissolved corporation and officers violated the collective bargaining agreement and trust documents.
According to the complaint, the plaintiffs allege that since the full amount of contributions due are unknown, they are suffering and will suffer immediate, continuing and irreconcilable injury and damage unless the defendants are ordered to perform all of their obligations under the agreement and trust documents. The plaintiffs hold the defendants responsible because they allegedly failed to timely submit reports of hours worked by employees covered by the agreement, along with financial contributions.
The plaintiffs request a trial by jury and seek an order requiring defendant to submit its records to an audit, award for all delinquent contributions due and owing, plus interest, liquidated damages, all fees and costs for this action and such further relief as the Court deems proper. They are represented by James P. Faul of Hartnett Gladney Hetterman LLC in St. Louis.
U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-01084