Default judgment worth $83K entered for unions

By John O'Brien | Jan 17, 2013

CHARLESTON – A group of unions has received a default judgment in its lawsuit against G&R Masonry and owner Mark Stutler.

U.S. District Judge Joseph Goodwin entered the judgment Jan. 3, more than eight months after the lawsuit was filed. Goodwin ordered G&R Masonry to pay the sum of $83,170.08 plus post-judgment interest.

The lawsuit alleged G&R failed to pay the full amounts required to the plaintiffs under collective bargaining agreements.

The plaintiffs are West Virginia Laborers’ Pension Trust Fund and other funds associated with the group, as well as local chapters 453 of Beckley, 543 of Huntington and 1,353 of Charleston.

They say G&R Masonry has been bound by the terms of the collective bargaining agreements reached with the Building Construction Contractors and the Laborers’ District Council of West Virginia since 1970.

However, since it was purchased by Stutler, the company has not reported accurately and has not paid the full amounts, the complaint says.

The timeframe at issue began on April 1, 2011.

“The defendants, without lawful justification, deprived the plaintiffs the use and possession of union dues and political action contributions, intentionally exercising dominion and control over the union dues and political action contributions, interfering with the plaintiffs’ use and control of said union dues and political action contributions, causing Plaintiffs to suffer damages,” the complaint said.

“The defendants’ actions in regard to the withholding deductions for union dues and political action contributions and failing to report and pay to Plaintiffs those certain hourly deductions from employees who are covered by the agreements constitute conversion.”

From the West Virginia Record: Reach John O’Brien at

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