CHARLESTON — GMS Mine Repair & Maintenance Inc. claims it wants Mingo Logan Coal and others to arbitrate an underlying lawsuit involving employment claims.
Bradley Baize, Arch Resources Inc., Mingo Logan Coal and Harold Napier were all named as defendants in the suit.
Baize signed an employment agreement in 2019 with GMS, but filed a lawsuit against Arch, Mingo and Napier in 2020 alleging that while he was employed by GMS, he was injured while performing job-related services, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
GMS claims that the employment contract has an arbitration provision.
"Although GMS is not itself a defendant in the underlying action, given the indemnification and hold harmless agreement between GMS, Arch and Mingo, GMS is a real party in interest, and has the necessary stake and standing to enforce Baize's agreement to arbitrate claims arising out of his employment," the complaint states.
GMS is seeking for the underlying case to proceed to arbitration. It is represented by Avrum Levicoff of The Levicoff Law Firm.
U.S. District Court for the Southern District of West Virginia case number: 2:21-cv-00184
