ST. LOUIS — Trustees are suing Missouri companies, citing alleged violation of workers' compensation acts.
United Food and Commercial Workers Union Local 655 Food Employees Joint Pension Plan, David Cook, Garry Torpea, et al. filed a complaint Aug. 3 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Highland Diversified Inc., doing business as Queens Markets; R.R. Queen Properties LLC; R.E.G. Properties LLC; and George Francis LLC, doing business as Bistro at the Square, alleging the defendants violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege that Dec. 31, 2016, the defendants made a complete withdrawal from the pension plan that requires them to either pay the assessed withdrawal liability of $1,950,171 in a lump sum or begin making quarterly interim payments of $20,311 on or before Aug. 1, 2016. The plaintiff claims they failed receive any payment from the withdrawn amount on the pension plan.
The plaintiffs hold the defendants responsible because they allegedly failed to make timely request for arbitration for the withdrawal liability assessment, failed to make any of the quarterly withdrawal liability installment payments and failed to pay the assessed amount.
The plaintiffs request a trial by jury and seek payment for the withdrawal liability of $1,951,283, plus 20 percent liquidated damages, interest on the amount, attorneys' fees, court costs, and such other relief as the Court deems suitable. 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-02203-SPM