Union files suit to win pension

By The West Virginia Record | Jun 13, 2008

CHARLESTON -- Teamsters Local 175 and 505 have filed a federal suit following an audit to retrieve part of their pension from their employer.

Davis & Burton Contractors, Inc., is a West Virginia business with its office located in Kentucky, and their employees are members of the Employer-Teamsters Local Nos. 175/505 Pension Trust Fund. As part of its collective bargaining agreement, Davis & Burton Contractors Inc. agreed to report and make monthly contributions to a pension plan.

Filed earlier this week in the United States District Court for the Southern District of West Virginia, the suit alleges that Davis & Burton have not made all their required contributions, and apparently, when it did make contributions, they were not made in a timely manner.

In the collective bargaining agreement, "if an employer fails to timely remit contributions for its employees, it is also liable for a 10% liquidated damages amount and one and one-half percent per month interest on the principal amount until paid in full."

Filed by Michael Del Giudice of the Charleston firm of Ciccarello, Del Giudice & Lafon, the suit states that an outside auditor was brought in to assess the amount owed to the union. The total for 2001 to 2003, as of Oct. 1, 2007, is $30,686.04.

Because of the amount in question and diversity of citizenship in this case, the suit was filed in federal court, and the union is seeking the above total, with interest, auditing costs, court costs, and attorney fees.

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