CHARLESTON – The trustees of a multi-employer benefit plan and employee welfare benefit plan allege an Elkview company owes more than $11,000 in contributions to the Local Union 466 of the International Brotherhood of Electrical Workers (IBEW) per a collective bargaining agreement.
According to a filing in federal court, plaintiffs Trustees of the 4th District IBEW Health Fund filed the complaint against E.L.M. Electric and Contracting LLC claiming breach of contract, failure to pay liquidated damages and interest under the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor Management Relations Act of 1947 (LMRA)
"For the months prior to and including March through June 2019, E.L.M. has failed to submit the required reports and/or contributions to the Fund," the suit states. "Unpaid contributions for these months are not less than $11,726.27. Despite repeated demand to do so, E.L.M. has failed and otherwise neglected to make payment to the fund."
Among the plaintiffs' requests for relief are an order requiring E.L.M's immediate payment of unpaid contributions as well as litigation costs.
The plaintiffs are represented by John Dascoli PLLC in Charleston.
U.S. District Court for the Southern District of West Virginia case number 2:19-cv-00610