ST. LOUIS — Labor and trust fund representatives are suing employers, citing alleged breach of fiduciary duties.
Painters District Council No. 58, St. Louis Painters Pension Trust, St. Louis Painters Vacation Trust, et al. filed a complaint Aug. 7 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Tidwell Brothers Construction LLC, Rick Tidwell, Adam Tidwell and Justin Tidwell, alleging that they violated the Collective Bargaining Agreement and the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege they were caused to suffer damages for costs incurred for legal, administrative, bookkeeping and accounting fees to determine their members' contributions.
The plaintiffs hold the defendants responsible because they allegedly failed to submit reports and remit members' contributions to the trust and Labor Management Cooperation Fund.
The plaintiffs request a trial by jury and seek judgment against defendants, jointly and severally for the amount of delinquency with interest and damages, an order for defendants to timely submit payments or remit deductions, award for attorney's fees, costs and all further relief as the court deems just and proper. They are represented by James P. Paul of Hartnett Gladney Hetterman LLC in St. Louis.
U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:17-cv-02218