WARREN — A Parma-based union is suing a Niles company, demanding it pay a March 2020 arbitration award of more than $84,000 stemming from a grievance procedure.
An attorney for the International Association of Sheet Metal, Air, Railroad and Transportation Workers Local No. 33 filed a civil suit in the Trumbull County Court of Common Pleas against WM . Kramer and Sons Inc. of 236 N. Main St. Niles.
The lawsuit seeks payment of $84,228 to WM Kramer, owned by Paul Kramer, an amount that was awarded by union grievance arbitration in early 2021.
According to the lawsuit, the company had 90 days to pay and as of the February 17, 2022 filing, it still had not.
A business directory website indicates that WM Kramer and Sons was incorporated in 1986, is involved in heating and air conditioning contracts, and has five employees with annual sales exceeding $500,000.
Attempts to reach WM owner Kramer and Sons and his attorney Matt Blair, who were notified of the civil action by certified mail, were unsuccessful.
The case was assigned to Judge Ronald J. Rice, who did not schedule a hearing for the matter.
According to the lawsuit, on June 25, 2020, union representative Jesse Wright filed a grievance against WM Kramer alleging that the company failed to pay the benefits of a certain worker performing collective bargaining work, under the terms of the contract between the company and the union. .
In the fall, an arbitrator upheld the union’s claim and ordered an audit of the company’s books for a period from May 2016 to September 30, 2020. On February 19, 2021, based on the findings of the audit , the arbitrator ruled that WM Kramer failed to pay required payroll taxes in the amount of $65,598. The price also included a 20% penalty and the $6,830 cost of the audit.
A letter from the union to the company dated March 25, 2021 sets a payment deadline of 30 days. Another certified letter was sent on May 11, 2021, notifying WM Kramer of the payment, the lawsuit says.
The union is asking the court to uphold the arbitration award and order the company to pay the amount plus attorney fees and court costs.
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