WHEELING – A case alleging two members of an Ironworkers local who say they haven’t receive all of the pay promised to them has been remanded back to state court.
Bengy Swanson and Patrick Sean Currey originally filed their complaint April 7 in Ohio Circuit Court against Ironworkers Local 549. The union moved to have the case removed to federal court on April 21, but U.S. District Judge John Preston Bailey issued an order granting the plaintiffs’ motion to remand June 16, sending it back to state court.
In his order, Preston said there is no federal question in the case that requires it to be heard in federal court.
Toriseva
“Plaintiffs’ claims are rooted in West Virginia law and exist entirely irrespective of the International Constitution and the CBA (Collective Bargaining Agreement),” Preston wrote.
Swanson, who lives in Monongalia County, was formerly the local’s business manager. Currey, who lives in Marion County, was a business agent for the local.
According to their complaint, Swanson’s salary was to be calculated, at Iron Worker General Foreman rate, based on 50 hours per week plus benefits. Currey’s salary was to be calculated at Iron Workers Foreman Building and Trade Rate based on 50 hours per week payable at the straight time rate plus benefits. They say they also were entitled to certain fringe benefits associated with these positions, such as a per diem of $100 for daily expenses.
When the local did not have an abundance of work for its union members, both Swanson and Currey agreed at an executive board meeting to reduce their pay to a 40-hour work week. They also agreed to forego the $100 per diem, but they also say they never took the per diem pay during their time with the local.
According to the complaint, Local 549 President Kelly Dierkes said both should be reimbursed for the wages they agreed to delay when work was “good” again.
In 2018, Swanson and Currey both had their hours increased to a 45-hour work week. In December 2018, their full pay was restored.
“However, neither Mr. Swanson nor Mr. Currey received any pay for the hours lost per week over the three-year period,” the complaint states. “Neither Mr. Swanson nor Mr. Currey received any of the per diem to which they were entitled during the entirety of their work for Local 549.”
The complaint says both men and then counsel for the men contacted the local and all members of the local’s executive board to try to reach an agreement. Swanson says he even met with officials privately to try to work out a settlement.
After the men tried to get the wages owed them, they say the local has been effectively freezing them out from any employment.
Swanson says he has received only one text to work, and that was from an entirely different union. He currently works at an auto dealership as a service manager making less than half of his previous salary with the local.
Currey says he has received three texts for work, one from a different union. He currently works for West Virginia University. When he interviewed for an organizing position with the union, he was told by one of the interviewers and by the district council president that he would need to “drop this case to get the job.”
Both men say they’ve been told their attorney would have to put in writing on letterhead that they men were dropping their cases and relinquishing future claims if they wanted additional employment.
In addition, the men allege their reputations were damaged at a July 21, 2021, local meeting when Business Manager Kevin Coulter exaggerated the claims they were making “to the point that some members of Local 549 demanded that both plaintiffs be ‘blackballed’ from ever working.”
“Currey attempted to speak and explain the plaintiffs’ position,” the complaint states. “As Mr. Currey tried to speak, he was screamed at by the membership in attendance to the point he could not continue.
“Local 549 meetings are to be conducted pursuant to Robert’s Rules of Order, allowing persons to speak without interruption as long as those rules are followed. President Dierkes as president is responsible for ensuring these meetings are conducted in an orderly fashion. President Dierkes made no attempt to silence the crowd to allow Mr. Currey to speak.
“Despite being members of Local 549 in good standing, neither plaintiff has returned to any Local 549 meetings for fear of their own safety.”
The men seek reimbursement for their lost wages, saying the local had multiple violations of the West Virginia Wage Payment and Collection Act. They also accuse the local of tortious interference.
They seek compensatory damages plus interest, court costs, attorney fees and other relief.
The plaintiffs are being represented by Teresa Toriseva, Josh Miller and Michael Kuhn of Toriseva Law in Wheeling. The Ironworkers are being represented by Timothy F. Cogan of Cassidy Cogan Shapell & Vogelin in Wheeling. In state court, the case has been assigned to Circuit Judge David J. Sims.
Ohio Circuit Court case number 22-C-54 (U.S. District Court for the Norther District of West Virginia case number 5:22-cv-103)
