Union sues contractor for records
CRANBERRY TWP — A labor union is suing a Cranberry Township-based contractor, claiming the contractor has failed to permit an audit pursuant to a collective bargaining agreement.
International Union of Painters and Allied Trades, or IUPAT, District Council 57 sued Penn Contracting Services LLC, alleging the contractor hasn't allowed the council to audit its books and payroll records in violation of its collective bargaining agreement.
The lawsuit was filed Monday in the U.S. District Court for the Western District of Pennsylvania.
Under the agreement, according to the lawsuit, the IUPAT District Council 57 Combined Funds serves as the agent for collection of contributions payable for the members of the local. Penn Contracting, the lawsuit alleges, must pay to the combined funds monthly amounts for medical, annuity and apprenticeship fees, and union dues.
The IUPAT has the right to examine and audit the contractor's payroll records as it pertains to the union's members, the lawsuit claims, to ensure the monthly remittances it receives are proper under its collective bargaining agreement.
Despite the agreement, the IUPAT alleges in the lawsuit, Penn Contracting has “failed and refused to permit (IUPAT) to conduct such an audit,” leaving the IUPAT unable to determine which remittances the contractor must send.
The IUPAT asked the court to prevent Penn Contracting from “violating the terms of (the) agreement” and to immediately pay past-due remittances. The union also seeks relief in the form of a mandate the contractor file reports with the IUPAT and permit the union to inspect its books as well as a money judgment for any unpaid remittances shown in an audit.
