WHEELING — A union and one of its members are suing Overcash Pipeline alleging violations of the Fair Labor Standards Act.
Overcash Pipeline, Martin Overcash and Margo Overcash were all named as defendants in the suit.
David Blaine Adams, the International Union of Operating Engineers - Local 132 and trustees of the union's health and welfare fund, pension fund, apprenticeship fund and annuity and savings fund are attempting to enforce an arbitration award regarding a grievance for non-payment of wages and benefits in which the defendants lost and were ordered to make payments under a collective bargaining agreement, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
Adams was employed by Overcash from August 2019 until Jan. 17, 2020, when it laid off all of its employees. The employees did not receive their checks in a timely fashion after the layoff, despite being bound to a collective bargaining agreement.
The union filed a grievance regarding the non-payment and an arbitrator awarded damages owed.
The plaintiffs want to enforce the arbitrator's award. They are seeking liquidated damages. They are represented by Samuel B. Petsonk of Petsonk PLLC in Beckley.
The case is assigned to District Judge John Preston Bailey.
U.S. District Court for the Northern District of West Virginia case number: 5:21-cv-00051
