BENTON – U.S. District Judge Staci Yandle granted an audit of pension funds for union workers at Gleeson Asphalt Inc. of Belleville on April 5.
She ordered delivery of payroll registers and other necessary documents to Employers and Operating Engineers Local 520, back to Jan. 1, 2015.
Attorney Greg Campbell of Des Peres, Mo. sued Gleeson Asphalt for the union last August, claiming it failed to submit reports and contributions when due.
He wrote that without an audit, it would be impossible to determine the amounts that are owed.
“Defendant owes liquidated damages on its delinquent contributions,” Campbell wrote.
He wrote that the union was entitled to recover damages, interest, costs, and attorney fees.
He asked for an order compelling Gleeson Asphalt to submit all future reports and contributions in timely fashion.
On Sept. 20, Campbell filed proof that Patrick Gleeson accepted service of process on Sept. 15.
Campbell requested entry of default on Nov. 13, writing that Gleeson Asphalt hadn’t filed a responsive pleading or otherwise appeared.
The court clerk entered default on Nov. 14.
After months passed with no action from Gleeson Asphalt, Yandle took action.
“Defendant is party to a collective bargaining agreement with Operating Engineers Local 520,” Yandle wrote.
“The agreement requires defendant to submit contributions to the Employers and Operating Engineers Local 520 employee benefit funds and authorizes plaintiffs to examine the financial records of defendant to ascertain whether the required contributions were made.”
She found that an accounting was warranted and federal pension law authorized her to grant relief.
She set a May 6 deadline for delivery of records.