Locals 302 & 612 of the International Union of Operating Engineers Construction Industry Health & Security Fund v. Gill

Union Health Fund Wins Fight for Payroll Records

This case involved a dispute between union health and security funds and contractor Nelson Gill over missing payroll documents. The union funds needed these records to conduct an audit and ensure that Gill was properly contributing to worker benefit programs as required. When Gill failed to provide the necessary payroll documents and records, the union funds took him to court.

The court sided with the union funds, ordering Gill to hand over all outstanding payroll documents and records to the funds' auditors. The judge also required Gill to pay $3,520.04 in attorney's fees and costs to cover the union's legal expenses for having to go to court.

Why This Matters for Workers:

This ruling reinforces that employers cannot simply ignore their obligation to provide payroll records when union benefit funds need them for audits. These audits are crucial for protecting workers because they ensure employers are making required contributions to health insurance, pension, and other benefit programs. When employers try to hide or withhold payroll information, it can signal they may not be paying into worker benefit funds as required. This decision helps protect workers' benefits by making sure union funds can properly monitor employer contributions.