ST. LOUIS – Several employee benefit plans and labor organizations have filed a complaint against a Missouri demolition company alleging it failed to make contributions as required in a collective bargaining agreement.
The plaintiffs, which include Greater St. Louis Construction Laborers Welfare Fund, Construction Laborers Pension Trust of Greater St. Louis, St. Louis Vacation Fund, Construction Laborers & Contractors Training Fund of Eastern Missouri, and Local Union Nos. 42-110, filed the lawsuit in federal court against Alpha & Omega, The Beginning and End Demolition Co., and Daniel Wallace.
According to court documents, the plaintiffs allege the defendants have failed to make required contributions to various employee benefit plans as outlined in a collective bargaining agreement.
The complaint claims the defendants were obligated by the CBA to make regular payments to the welfare, pension, vacation, and training funds and to submit reports on a weekly basis. The CBA also mandates a 20% liquidated damages penalty on delinquent contributions. The defendants, however, are accused of failing to submit reports and contributions for specific weeks, owing a total of $2,153.02 in contributions, $430.60 in liquidated damages and accruing interest on underpaid amounts.
Furthermore, the complaint alleges the defendants have not cooperated despite demands for a financial examination of the defendants' books and records to verify compliance with the CBA.
The plaintiffs are requesting an order requiring the defendants to submit outstanding reports and payments, remit payments for specific weeks and undergo a financial examination. Additionally, the plaintiffs are seeking an order requiring the defendants to pay interest, liquidated damages, costs and attorney fees as stipulated in the CBA and ERISA (Employee Retirement Income Security Act).
The plaintiffs are being represented by Janine M. Martin of Hammond and Shinners in St. Louis.
U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:23-cv-01458