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ST. LOUIS RECORD

Thursday, April 18, 2024

Trustees claim Testing Services failed to pay contributions under ERISA

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ST. LOUIS — Trustees of the International Union of Operating Engineers are suing its employer and owner, citing alleged violation of workers compensation acts.

Randall Hughes, Anthony Tidwell, Erin Buck, John Carr and Jeremy Guretzi, et al. filed a complaint on May 12 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Illinois Testing Services Inc. and Glen M. Hoiney, alleging that the defendants violated the Employee Retirement Income Security (ERISA).

According to the complaint, the plaintiffs allege that between September 2016 and February 2017, as employees of the defendants bound by the collective bargaining agreement, they failed to receive contributions under Training Fund, the Defined Contribution Pension Fund and the Central Pension Fund. 

The plaintiffs hold Illinois Testing Services and Hoiney responsible because the defendants allegedly failed to report all hours worked by their employees and failed and refused to make all obligated contributions to the funds and the union.

The plaintiffs request a trial by jury and seek payment for contributions due and owing, liquidated damages, union dues, plus costs, audit expenses, attorney's fees and such further relief as the court deems appropriate. They are represented by Greg A. Campbell of Hammond and Shinners PC in St. Louis.

U.S. District Court for the Eastern District of Missouri Eastern Division Case number 4:17-cv-1500

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