HUNTINGTON – Beckley Drilling & Blasting Services is denying allegations made by several union funds that it violated several federal laws regarding retirement and pensions.
"Defendant Beckley Drilling and Blasting Services Inc. denies each and every allegation of the complaint not specifically admitted herein," the defendant's answer states.
Beckley contends that the claims in the complaint are barred due to the fact that the actions of the defendant were taken for legitimate, lawful and/or legally cognizable reasons and that it did not act in violation of any statute, law or regulation.
It claims that the complaint is also barred because the actions of the defendant were not taken in contravention of any public policy in West Virginia.
"Defendant Beckley Drilling and Blasting Services Inc. prays that the complaint against it that was filed by the plaintiffs be dismissed, with prejudice, and held for naught; that the plaintiffs recover nothing as against defendant, that defendant recovers its costs, expenses of suit, and reasonable attorney’s fees necessarily incurred in defending against the complaint and that it be awarded any such other and further relief, whether legal or equitable in character, as this honorable court may deem to be appropriate and just," the answer states.
The complaint was filed by International Union of Operating Engineers-Local No. 132 Health and Welfare Fund; International Union of Operating Engineers-Local No. 132 Pension Fund; International Union of Operating Engineers-Local No. 132 Apprenticeship and Skill Improvement Fund; International Union of Operating Engineers-Local No. 132 Annuity and Savings Fund; and International Union of Operating Engineers-Local No. 132, AFL-CIO against Beckley in October.
The union funds allege the defendant was supposed to deduct 4 percent of gross wages and remit it to them pursuant to the collective bargaining agreement, but when the plaintiffs requested access to payroll records in order to complete an audit to determine if Beckley was correctly reporting and paying its contributions, Beckley failed and refused to allow them access.
"Unless the defendant is required to comply with the requested audit, to file all necessary reports and to pay all contributions owed, the plaintiffs will suffer irreparable harm for which there is no adequate remedy at law," the complaint states.
Beckley failed to timely report and pay the required contributions to the plaintiffs as required by the collective bargaining agreement for work performed between Jan. 1, 2015, and Dec. 31, 2016, according to the complaint.
The union funds allege the defendant's actions violated the Employment Retirement Income Security Act of 1974 (ERISA), the Multiemployer Pension Plan Amendment Act and the Labor Management Relations Act of 1974.
The plaintiffs are seeking an order requiring the defendant to provide access to its records and judgment for the amount of contributions and dues. They are represented by Lawrence B. Lowry of Barrett, Chafin, Lowry & Amos.
Beckley is represented by Shawn R. Romano and Miles B. Berger of Romano & Associates.
U.S. District Court for the Southern District of West Virginia case number 3:19-cv-00734