HUNTINGTON – A motion for default judgment has been filed in a lawsuit against Moosehead Harvesting filed by several union funds over allegations of violations of pension and retirement laws.
The plaintiffs allege in the motion for default judgment, which was filed Dec. 31, that despite being served the complaint in November, Moosehead has failed to appear, answer or otherwise plead within the time allowed by the Federal Rules of Civil Procedure.
The union claims Moosehead owes $114,825.67 and seeks for the court to enter a judgment by default because Moosehead has failed to respond to the complaint.
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 Moosehead and U.S. Trinity Energy Services in October.
The union funds allege in the complaint that Moosehead was required to pay contributions to the union and the administrative dues to the union for its employees as per the national pipe line agreement for work performed in September, October and November 2018 and failed to pay the required contributions to the union.
The complaint also argues that Trinity failed to comply with the West Virginia Wage Payment and Collection Act, despite numerous requests to pay the required fringe benefit contributions for the work performed by its subcontractor, Moosehead.
The plaintiffs allege the defendants' actions violated the Employment Retirement Income Security Act of 1974.
The plaintiffs 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.
U.S. District Court for the Southern District of West Virginia case number: 3:19-cv-00732
