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PENNSYLVANIA RECORD

Friday, March 29, 2024

Philadelphia union says company isn't making proper contributions to employees' benefits funds

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Editor's note: A previous version of this article misidentified Wayne MacManiman as a defendant in the lawsuit. He is a plaintiff.

A union in Philadelphia and a trustee have sued FMC Services for allegedly failing to make timely contributions to its employees’ funds.

The Service Employees International Union, 32BJ, District 36 and its affiliates, as well as trustee Wayne MacManiman, filed a lawsuit against FMC Services Inc. on Nov. 4 in the U.S. District Court for the Eastern District of Pennsylvania, citing a violation of the Labor Management Relation Act.

The claim states that FMC is required to submit monthly reports setting forth the hours worked by employees covered under the collective bargaining agreement.

The plaintiffs claim in the lawsuit that they performed two audits on FMC's payroll records for the periods of January 2012 through December 2014, and January through June.

The union claims that FMC employed workers for whom it had failed to remit the required benefit contributions during the audit periods, resulting in a deficiency of at least $33,822.38.

The union seeks judgment in the deficit amount, liquidated damages, attorneys fees and court costs.

The Service Employees International Union, 32BJ, District 36 is being represented by Philadelphia-based attorney Syretta Jasmine Martin of Spear, Wilderman, P.C.

U.S. District Court for the Eastern District of Pennsylvania  case number 2:15-cv-05989-JHS

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