West Virginia Record

Wednesday, October 23, 2019

Painters' union lawsuit settled, dismissed

Federal Court

By Kyla Asbury | Sep 16, 2019


CHARLESTON — A lawsuit against May Contracting filed by a painters' union was settled and dismissed from federal court.

The notice of voluntary dismissal noted that the union was not served an answer or a motion for summary judgment in the matter, but that the matter was settled.

The notice was filed pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure.

How the lawsuit was settled was not mentioned in the dismissal notice. 

The labor union and its health plan sued the Kentucky contractor last year, alleging it owed more than $2,600.

The International Union of Painters and Allied Trades District Council 53 and The International Union of Painters and Allied Trades District Council 53 Health and Welfare Plan and Trust filed a complaint in U.S. District Court for the Southern District of West Virginia against May Contracting Inc. of Ashland, Kentucky, alleging late fringe benefits contributions.

According to the complaint, between August 2011 and March 2017, the amount of liquidated damages and interest owed by the defendant is $2,688.31. The suit says the months are August and December, 2011, January, March, May, July, August, September and October, 2012, May and July, 2013, January, March, April, May, June, October and November, 2014, March, April, July and November, 2015, and March, 2017. 

The plaintiffs allege May Contracting's refusal to remit payment to the plaintiffs violates the collective bargaining agreement, the provisions of the health plan and the plan’s delinquency procedures.

The plaintiffs seek liquidated damages and interest of  $2,688.31, any unpaid contributions, additional liquidated damages, and additional interest not yet discovered by plaintiffs. Additionally, the plaintiffs seek pre-judgment interest, attorney fees, court costs and all other appropriate relief. They are represented by attorney John F. Dascoli of Charleston.

U.S. District Court for the Southern District of West Virginia case number: 2:18-cv-01208

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