ST. LOUIS – A Local of the International Union of Operating Engineers has filed a lawsuit against R & K Excavation, accusing the company of failure to fulfill specific payment and reporting obligations that led to delinquency in the plaintiffs' funds.
Local 513, the International Union of Operating Engineers, AFL-CIO, Brian Graff, in his representative capacity of President and Business Manager, Local Union 513 Pension Fund, Local Union 513 Health and Welfare Fund, Local Union 513 Vacation Fund, Local Union 513 Annuity Fund, and Local Union 513 Joint Apprenticeship Training Fund, and Brian Graff in his capacity of chairman of the Board of Trustees of these funds, filed the lawsuit in federal court against R & K Excavation.
According to the lawsuit, the plaintiffs say R & K Excavation, a Missouri corporation, was bound by a collective bargaining agreement and certain trust documents, which imposed specific payment and reporting obligations. These included a requirement to submit timely reports of hours worked by employees along with financial contributions. Since August 2023, the defendant has allegedly failed to meet these obligations, resulting in delinquency to the plaintiffs' funds. The plaintiffs claim that the full extent of the defendant's liability is still unknown due to the defendant's inaccurate reporting and non-payment of fringe benefit obligations.
The plaintiffs are seeking a judgment for damages for unpaid principal contributions and liquidated damages, including an order for an audit and additional contributions, plus interest, attorneys' fees, various legal fees, court costs and any other relief the court deems proper. They are represented in this case by attorneys Matthew J. Gierse and Daniel J. Sparks of Hartnett Reyes-Jones in St. Louis.
U.S. District Court of the Eastern Division of Missouri case number 4:23-cv-01354