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2:13-cv-02020-MPM-DGB # 1 Page 1 of 8



E-FILED
Thursday, 24 January, 2013 02:49:57 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF ILLINOIS

URBANA DIVISION






































and



and



BRICKLAYERS and ALLIED
CRAFTWORKERS INTERNATIONAL
LOCAL UNION NO. 8 OF ILLINOIS,


)
)
)
)
)
)

)
CENTRAL ILLINOIS BRICKLAYERS
)
HEALTH & WELFARE PROGRAM
)
OF THE SOUTHWEST ILLINOIS
)
BRICKLAYERS HEALTH &

)
WELFARE FUND, JACK HUGHEY,
)
JOHN D. MOORE, DENNIS R.
HUMMERT, ED JACOBS, JEFF
)
BECKER, RODNEY VASQUEZ, MARK )
VASQUEZ, and GREG SCHNIERS,
)
)

Trustees,
)


)


BRICKLAYERS & TROWEL TRADES
)
)
INTERNATIONAL PENSION PLAN,
)
EUGENE GEORGE, MATTHEW

AQUILINE, GREGORY R. HESS,
)
)
FRED KINATEDER, WILLIAM

)
McCONNELL, ROBERT HOOVER,
JOHN TRENDELL, JAMES BOLAND,
)
JOHN FLYNN, KEN LAMBERT,
)
GERARD SCARANO, HENRY KRAMER, )
GERARD O’MALLEY, TIM DRISCOLL, )
)
Trustees,


)
)
and



)
BRICKLAYERS LOCAL #8 OF ILLINOIS )
)
AND EMPLOYERS PENSION PLAN,
)
DANIEL W. MCCALL, GREGORY A.
PETRY, DAVID TOENJES, JAMES
)
BLANEY, ROBERT ALDRIDGE,
)
WILLIAM O’KANE, EDGAR HUMM, JR.,)
LARRY KNOUS, STEVEN MORTHOLE, )
KURT BAUM, TRAVIS BAKER, and
)
)
VAUGHN RENFRO, Trustees,

)




































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2:13-cv-02020-MPM-DGB # 1 Page 2 of 8




































and



and



and




)


)
BRICKLAYERS SPRINGFIELD

)
CHAPTER APPRENTICESHIP

)
TRAINING PROGRAM, MARK

)
LANDERS, LESTER MASON, JOE
)
HILDEBRANDT, STEVE BAPTIST,
)
FRED BRANT, Trustees,

)


)


)


)
SPRINGFIELD CHAPTER

)
BRICKLAYERS, STONE MASONS, TILE )
AND MARBLE SETTERS, CLEANERS, )
POINTERS AND CAULKERS,
)
TERRAZZO AND MOSAIC WORKERS )
)
UNION SAVINGS FUND,
)


)
)

)
INTERNATIONAL MASONRY
INSTITUTE, JAMES BOLAND, FRED
)
KINATEDER, JIM ALLEN, MATTHEW )
)
AQUILINE, TED CHAMP, BRUCE
)
DEXTER, TIM DRISCOLL, EUGENE
GEORGE, GREGORY HESS, ROBERT
)
)
HOOVER, MARK KING, HENRY
)

KRAMER, KEN KUDELA, DAN

KWIATKOWSKI, WILLIAM
)
McCONNELL, JIM O’CONNOR,

)
CHARLES RASO, MARK ROSE, KEVIN )
RYAN, GERARD SCARANO, MICHAEL )
)
SCHMERBECK, JOSEPH SPERANZA,
JEREMIAH P. SULLIVAN, JR.,
)

)
RICHARD E. TOLSON, and JOHN
)

TRENDELL, Trustees,



)
)



)



)






)
)
EDDINGTON COMPANY, L.L.C.
)




)



Plaintiffs,

v.





Defendant.































COMPLAINT



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COME NOW Plaintiffs, by and through their attorneys, and allege and state as

follows:

1.

Jurisdiction of this cause of action and the parties hereto is conferred upon

this Court by subsections (a), (b) and (c) of Section 301 of the Labor Management

Relations Act of 1947, as amended (29 U.S.C. §185).

2.

Jurisdiction of this cause of action and the parties hereto is conferred upon

this Court by Sections 502(e)(1) and 502(f) of the Employee Retirement Income Security

Act of 1974, P.L. 93-506, 29 U.S.C. §1132(e)(1) and (f), sometimes hereinafter referred

to as “ERISA.”

3.

Plaintiff Bricklayers and Allied Craftworkers International Union Local 8

of Illinois (hereinafter “the Union”) is an unincorporated association comprised of

persons in the general business of masonry and brick construction and repair and is a

labor organization within the meaning of Section 2(5) of the Labor Management

Relations Act of 1947, as amended (29 U.S.C. §152), representing employees in an

industry affecting commerce within the meaning of Section 301 of the Labor

Management Relations Act of 1947, as amended, (29 U.S.C. §185).

4.

Plaintiff Central Illinois Bricklayers Health & Welfare Program of the

Southwest Illinois Bricklayers Health & Welfare Fund (hereinafter “the Welfare Fund”)

is an employee benefit plan within the meaning of Section 3(3) and Section 502(d)(1) of

ERISA and is a multiemployer plan within the meaning of Section 3(37)(A) of ERISA.

Plaintiffs Jack Hughey, John D. Moore, Dennis R. Hummert, Ed Jacobs, Jeff Becker,

Rodney Vasquez, Mark Vasquez, and Greg Schniers are the members of the Joint Board



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of Trustees of the Welfare Fund, which Board administers said Welfare Fund and as such

are fiduciaries within the meaning of Section 502(a) and Section 502(d)(1) of ERISA.

5.

Plaintiff Bricklayers & Trowel Trades International Pension Fund

(hereinafter the “International Pension Plan”) is an employee benefit plan within the

meaning of Section 3(3) and Section 502(d)(1) of ERISA and is a multiemployer plan

within the meaning of Section 3(37)(A) of ERISA. Plaintiffs James Boland, Gerard

Scarano, Henry Kramer, Gerald O’Malley, Tim Driscoll, Eugene George, Matthew

Aquiline, Gregory R. Hess, Fred Kinateder, William McConnell, Robert Hoover, and

John Trendell are the members of the Joint Board of Trustees of the International Pension

Plan, which Board administers said Pension Plan and as such are fiduciaries within the

meaning of Section 502(a) and Section 502(d)(1) of ERISA.

6.

Plaintiff Bricklayers Local #8 and Employers Pension Plan (hereinafter

“the Local Annuity Plan”) is an employee benefit plan within the meaning of Section 3(3)

and Section 502(d)(1) of ERISA and is a multiemployer plan within the meaning of

Section 3(37)(A) of ERISA. Plaintiffs Daniel W. McCall, Gregory A. Petry, David

Toenjes, James Blaney, Robert Aldridge, William M. O’Kane, Edgar Humm, Jr., Larry

Knous, Steven Morthole, Kurt Baum, Travis Baker, and Vaughn Renfro are the members

of the Joint Board of Trustees of the Local Annuity Plan, which Board administers said

Local Annuity Plan and as such, are fiduciaries within the meaning of Section 502(a) and

Section 502(d)(1) of ERISA.

7.

Plaintiff Bricklayers Springfield Chapter Apprenticeship Training

Program (hereinafter “the Apprentice Training Program”) is an employee benefit plan

within the meaning of Section 3(3) and Section 502(d)(1) of ERISA and is a



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multiemployer plan within the meaning of Section 3(37)(A) of ERISA. Plaintiffs Mark

Landers, Lester Mason, Joe Hildebrandt, Steve Baptist, and Fred Brant are the members

of the Joint Board of Trustees of the Apprentice Training Program and as such, are

fiduciaries within the meaning of Section 502(a) and Section 502(d)(1) of ERISA.

8.

Plaintiff Springfield Chapter Bricklayers, Stone Masons, Tile and Marble

Setters, Cleaners, Pointers and Caulkers, Terrazzo and Mosaic Workers Union Savings

Fund (hereinafter “the Vacation Fund”) is an employee benefit plan within the meaning

of Section 3(3) and Section 502(d)(1) of ERISA and is a multiemployer plan within the

meaning of Section 3(37)(A) of ERISA.

9.

Plaintiff International Masonry Institute (hereinafter “IMI”)

is an

employee benefit plan within the meaning of Section 3(3) and Section 502(d)(1) of

ERISA and is a multiemployer plan within the meaning of Section 3(37)(A) of ERISA.

Plaintiffs James Boland, Fred Kinateder, Jim Allen, Matthew Aquiline, Ted Champ,

Bruce Dexter, Tim Driscoll, Eugene George, Gregory Hess, Robert Hoover, Mark King,

Henry Kramer, Ken Kudela, Dan Kwiatkowski, William McConnell, Jim O’Connor,

Charles Raso, Mark Rose, Kevin Ryan, Gerard Scarano, Michael Schmerbeck, Joseph

Speranza, Jeremiah P. Sullivan, Jr., Richard E. Tolson, and John Trendell are the

members of the Joint Board of Trustees of the IMI and as such, are fiduciaries within the

meaning of Section 502(a) and Section 502(d)(1) of ERISA.

10.

The Union is and was at all times material hereto the collective bargaining

representative of all employees in its bargaining unit employed by defendant Eddington

Company, L.L.C.



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11.

At all material times, defendant Eddington Company, L.L.C. was an

Illinois corporation in good standing engaged in the business of masonry and brick

construction and repair in Illinois and was at all times material hereto an employer within

the meaning of Section 2(2) of the Labor Management Relations Act of 1947, as

amended (29 U.S.C. §152).

12.

Defendant Eddington Company, L.L.C. at all times material hereto

employed members of the Union in the general business of masonry and brick

construction and repair and related activities, and was engaged in activities affecting

commerce within the meaning of subsections 2(6) and 2(7) of the Labor Management

Relations Act of 1947, as amended (29 U.S.C. §152) and within the meaning of

subsection 3(12) of ERISA.

13.

At all relevant times, defendant Eddington Company, L.L.C. has been

bound by a collective bargaining agreement with the Union.

14.

The collective bargaining agreement requires defendant Eddington

Company, L.L.C. to remit monthly report forms and monthly payments to the plaintiff

Funds in specified amounts. The Local Annuity Plan is administered within the meaning

of Section 502(e)(2) of ERISA in Champaign, Illinois, within the boundaries of the

United States District Court for the Central District of Illinois, Urbana Division.

15.

The collective bargaining agreement also requires defendant Eddington

Company, L.L.C. to pay all costs of collecting delinquent amounts (including court costs,

audit fees and attorneys’ fees). Interest, penalties and attorneys’ fees are also required by

Section 502(g)(2) of ERISA (29 U.S.C. §1132(g)(2)).



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16.

For the period of May 2011 through October 2012, defendant Eddington

Company, L.L.C. owes plaintiffs $4,000.04 in interest and liquidated damages.

17.

Defendant Eddington Company, L.L.C. has failed to submit fringe benefit

reports for the period of August 2012 to the present.

18.

The collective bargaining agreement permits plaintiffs to audit the books

and records of defendant Eddington Company, L.L.C.

19.

Despite repeated demands, defendant Eddington Company, L.L.C. refused

to submit to an audit.

20.

Absent an audit, it is impossible to determine the amounts owed by

defendant Eddington Company, L.L.C.





WHEREFORE, plaintiffs pray the Court as follows:

1.

$4,000.04 as and for actual damages sustained by plaintiffs for the period

of May 2011 through October 2012, plus all unpaid amounts owed prior to or subsequent

to that date, if any;



2.

For an interlocutory order requiring defendant to submit fringe benefit

reports for the period of August 2012 to the present;



3.

For an interlocutory order of accounting requiring defendant to submit its

books and records to an accountant selected by plaintiffs to determine the amounts owed

to plaintiffs during the period of August 1, 2012 to date;





4.

5.

For a judgment against defendant based upon the findings of the audit;

For an order requiring defendant to make payments in the future to the

employee benefit funds in accordance with the terms and provisions of the collective



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bargaining agreement, and such collective bargaining agreements as may be negotiated

and executed in the future;



6.

For interest, liquidated damages, costs, accounting fees and reasonable

attorneys’ fees pursuant to 29 U.S.C. §1132(g);



7.

For such other and further relief as the Court may consider appropriate

under the circumstances.


Respectfully submitted,

HAMMOND and SHINNERS, P.C.
7730 Carondelet Avenue, Suite 200
St. Louis, Missouri 63105
Phone: (314) 727-1015
Fax:
(314) 727-6804



MICHAEL A. EVANS
Attorneys for Plaintiffs




/s/ Michael A. Evans





CERTIFICATE OF SERVICE




The undersigned certifies that on January 24, 2013, the foregoing was
electronically filed with the U.S. District Court, and a copy was mailed by certified mail,
return receipt requested to the Secretary of Labor, United States Department of Labor,
P.O. Box 1914, Washington, D.C. 20013 and to the Secretary of Treasury, United States
Treasury, 15th and Pennsylvania Avenue, Washington, D.C. 20220.






/s/ Michael A. Evans







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