ST. LOUIS – Several Missouri employee benefit plans and labor organizations have filed a complaint against a masonry company alleging it failed to make contributions as required in a collective bargaining agreement and refuses to submit its financial records for an audit.
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 MC Masonry and Restoration.
According to court documents, the plaintiffs allege MC is obligated by a collective bargaining agreement to make regular payments to the welfare, pension, vacation, and training funds and to submit reports on a weekly basis to ensure compliance with the CBA terms.
MC is accused of failing to fulfill its obligations as well as failing to submit to a financial examination of its financial books and records despite repeated demands.
The plaintiffs seek an interlocutory Order of Accounting to examine the defendant's financial books and records for the period from January 1, 2020, through September 30, 2023. Additionally, the plaintiffs seek an order requiring the defendants to pay interest, liquidated damages, costs and attorney fees as stipulated in the CBA, the ERISA (Employee Retirement Income Security Act) and the Labor Management Relations Act of 1947.
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-01438