IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IRON WORKERS’ MID-AMERICA )

PENSION PLAN, )

)

IRON WORKERS’ MID-AMERICA )

SUPPLEMENTAL MONTHLY ) CIVIL ACTION

ANNUITY (SMA) FUND, )

) NO.

JOSEPH J. BURKE, )

as Administrative Manager, ) JUDGE

)

Plaintiffs, )

)

vs. )

)

AREA ERECTORS, INC., an Illinois )

corporation, )

)

Defendant. )

COMPLAINT

Plaintiffs, IRON WORKERS’ MID-AMERICA PENSION PLAN, IRON

WORKERS’ MID-AMERICA SUPPLEMENTAL MONTHLY ANNUITY (SMA) FUND and

JOSEPH J. BURKE, as Administrative Manager (collectively “Funds” or “Plaintiffs”), by their

attorneys, complaining of the Defendants, AREA ERECTORS, INC., an Illinois corporation, allege

as follows:

1. This action arises under the laws of the United States and is brought pursuant

to the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§1132, 1145

(hereinafter referred to as “ERISA”). Jurisdiction is based upon the existence of questions arising

thereunder, as hereinafter more fully appears.

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2. Plaintiffs, the IRON WORKERS’ MID-AMERICA PENSION PLAN and

IRON WORKERS’ MID-AMERICA SUPPLEMENTAL MONTHLY ANNUITY (SMA) FUND,

are jointly administered pension trust funds and bring this action as “employee pension benefit

funds” and “plans,” under ERISA, and Plaintiff, JOSEPH J. BURKE, is the Administrative Manager

of Plaintiff Funds and a fiduciary with respect thereto. Plaintiff Funds are administered within this

District and Division, making jurisdiction proper under 29 U.S.C. §1132(e)(2).

3. Plaintiffs have further been engaged to collect contributions due to various

other jointly administered trust funds, including Local 111 Apprentice Training Fund, Local 111

Building orIndustryFund, Local 111 ILLOWA/Labor Management Fund, Local 111 IMPACTFund,

Local 112 IMPACT Fund, Local 112 Apprentice Training Fund, Local 112 CCIL Fund, Local 112

Building Trades Fund, Local 444 Apprentice Training Fund, Local 444 Building or Industry Fund,

Local 444WZ Apprentice Training Fund, Local 444WZ Industry Advancement Fund, and Local

444WZ Labor/Management Fund.

4. Defendant, AREA ERECTORS, INC., an Illinois corporation, is an

“employer” as defined in ERISA, and is obligated to report and pay fringe benefit contributions to

the Funds under the terms of various collective bargaining agreement entered into byDefendant, and

pursuant to the Agreements and Declarations of Trust governing the Funds.

5. As an employer obligated to make fringe benefit contributions to the Funds,

AREA ERECTORS, INC., is specifically required to do as follows:

(a) To submit to Plaintiffs for each month, by the 15th day of the month

following the month for which the report is made, a reportstating the names,

social security numbers, and total hours worked or for which wages were

received in such month by each and every person on whose behalf contribu2

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tions are required to be made to Plaintiffs; or, if no such persons are

employed for a given month, to submit a report so stating;

(b) To have a duly authorized agent verify said reports by signature and to

accompany the reports with payment of contributions based upon an hourly

rate as stated in the applicable agreements;

(c) To make all of its payroll books and records available to Plaintiffs for the

purpose of auditing same, to determine whether Defendant is making full

payment as required under the applicable agreements;

(d) To compensate Plaintiffs for the additional administrative costs and burdens

imposed byDefendant’s failure to pay, or untimelypayment of, contributions,

by way of the payment of liquidated damages in the amount of 1 - 1 1⁄2% per

month on the whole amount of contributions remaining from time to time

unpaid, together with interest as provided in ERISA, 29 U.S.C. §1132(g);

(e) To payanyand all costs incurred byPlaintiffs in auditing Defendant’s payroll

records, should it be determined that Defendant was delinquent in the

reporting or submission of all contributions required of it to be made to

Plaintiffs;

(f) To payPlaintiffs’ reasonable attorneys’ fees and costs necessarily incurred in

the prosecution of any action to require Defendant to submit their payroll

books and records for audit, or to recover delinquent contributions;

(g) To furnish to Plaintiffs a bond with good and sufficient surety thereon, in an

amount acceptable to Plaintiffs, to cover future contributions due the

Plaintiffs.

6. AREA ERECTORS, INC., is delinquent and has breached its obligations to

Plaintiffs in the following respects:

(a) AREA ERECTORS, INC., has failed to make payment of all contributions

acknowledged by Defendant to be due Plaintiffs for the period December

2011 to the present;

(b) AREA ERECTORS has made partial payment of contributions due Plaintiffs

for the period October 2011 through March 2012, but such payment was

made in an untimely fashion pursuant to the collective bargaining agreement

and Trust Agreements. Plaintiffs have assessed liquidated damages on such

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amounts as authorized by the Trust Agreements and ERISA, but Defendant

has failed and refused to make payment of said liquidated damages.

7. That upon careful review of all records maintained by Plaintiffs, and after

application of anyand all partial payments made byDefendant through April 30, 2012, for the period

of October 2011 through March 2012, there is a total of $465,238.49 known to be due Plaintiffs from

AREA ERECTORS, INC., subject however to the possibility that additional monies may be due

Plaintiffs from Defendant based upon Defendant’s failure to submit all required reports, or to

accurately state all hours for which contributions are due on reports previously submitted, and

subject further to the possibility that additional contributions and liquidated damages will come due

during the pendency of this lawsuit.

8. Plaintiffs have requested that Defendant perform its obligations as aforesaid,

but Defendant has failed and refused to so perform.

9. Defendant’s continuing refusal and failure to perform its obligations to

Plaintiffs is causing and will continue to cause irreparable injuries to Plaintiffs for which Plaintiffs

have no adequate remedy at law.

WHEREFORE, Plaintiffs pray:

(A) That an account be taken as to all employees of AREA ERECTORS, INC.,

covered by the collective bargaining agreement or agreements as to wages

received and hours worked bysuch employees to determine amounts required

to be paid to the Plaintiffs, covering the period for which the collective

bargaining agreement is to be effective;

(B) That AREA ERECTORS, INC., be enjoined and ordered to verifyand submit

all delinquent monthly contribution reports to Plaintiffs with the information

required to be provided thereon, to continue to submit such verified reports

while this is pending, and to comply with its contractual obligation to timely

submit such reports in the future;

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(C) That judgment be entered in favor of Plaintiffs and against AREA ERECTORS, INC., for all unpaid contributions, liquidated damages, accrued

interest, and Plaintiffs’ reasonable attorneys’ fees and court costs necessarily

incurred in this action as specified herein, or as subsequently determined, all

as provided for in the plans and in ERISA;

(D) That Plaintiffs have such further relief as may be deemed just and equitable

by the Court, all at Defendant’s cost.

/s/ Patrick N. Ryan 

Catherine M. Chapman

Patrick N. Ryan

Attorneys for the Plaintiffs

BAUM SIGMAN AUERBACH & NEUMAN, LTD.

200 West Adams Street, Suite 2200

Chicago, IL 60606-5231

Bar No.: 6278364

Telephone: (312) 236-4316

Facsimile: (312) 236-0241

E-Mail: pryan@baumsigman.com

I:\MIDJ\Area Erectors\#23940\complaint.wpd

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