IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ADMINISTRATIVE DISTRICT COUNCIL 1 )

OF ILLINOIS OF THE INTERNATIONAL )

UNION OF BRICKLAYERS AND ALLIED ) Case No. 11 C 7815

CRAFTWORKERS, AFL-CIO, )

) Judge Leinenweber

Plaintiff, )

) Magistrate Judge Valdez

v. )

)

CASTLE CONSTRUCTION CORPORATION, )

)

Defendant. )

PLAINTIFF’S AGREED MOTION 

FOR ENTRY OF JUDGMENT

Plaintiff Administrative District Council 1 of Illinois of the International Union of

Bricklayers and Allied Craftworkers, AFL-CIO (the “Union”), through its attorneys, respectfully

moves this Court for entry of judgment against Defendant Castle Construction Corporation

(“Company”) in the form attached. In support of this motion, the Union submits as follows: 

1. This action is a suit under § 301 of the Labor-Management Relations Act, 29

U.S.C. §§ 141, 185, to enforce a labor arbitration award. 

2. As set forth in the complaint, the Union is a “labor organization” within the

meaning of 29 U.S.C. § 152(5), and maintains its principal place within this district; and the

Company is an “employer” within the meaning of 29 U.S.C. §152(2), and does business within

this district. 
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3. The Union and the Company entered into a collective bargaining agreement

(“CBA”) on or around May 14, 1986, and that agreement has remained in effect and continues to

remain in effect. 

4. The CBA provides, among other things, that disputes as to the meaning of or

compliance with its terms are resolved through a grievance process that culminates in arbitration

before a joint arbitration board (“JAB”).

5. The Union informed the Company by letter of January 17, 2011 of an allegation

that it was in violation of various provisions of the CBA, and further informed it that the

grievance would be presented at a hearing before the JAB; the hearing was held on February 11,

2011; and following the presentation of evidence and arguments, the arbitrators rendered their

award, and subsequently issued a written decision, a copy of which is attached to the complaint

as Exhibit A. 

6. The arbitrators sustained portions of the grievance, ruled the Company had

violated the CBA, and ordered the Company to make certain payments to the Union, several

fringe benefit trust funds (“Funds”), and an individual Bricklayer; ordered the Company to (1)

permit the Union to place working stewards on all jobs unless and until relieved of that

obligation, (2) provide the LMCC with weekly job location reports, (3) provide a $180,000.00

bond in the required bond form or make an additional payment of $180,000.00 to serve as a cash

bond, and (4) cease all work within the Union’s geographic and craft jurisdiction, regardless of

the name or business form used, until it provided the additional bond and paid the damages; and

further ruled that if the Company failed to comply fully with the award, it would be required to
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reimburse all legal fees and costs incurred by the Union and/or the Funds starting with the date

the award was mailed to it.

7. The Union served the award on the Company’s owner and president on May 9,

2011, and although the Company entered into a settlement with the Funds pursuant to which it

paid certain amounts to the Funds to satisfy a portion of its obligations, it has not paid the

remaining $9,445.98 in damages required by the award, nor has it complied with the other

provisions of the award; and its failure to comply fully with the award is a breach of the CBA. 

8. As set forth in the Return of Service forms filed with the Clerk on November 28,

the summons and complaint were served on the Company through its registered agent on

November 14, making its answer or responsive pleading due on December 5. 

9. The Company has not answered or filed a responsive pleading, but instead has

consented to this motion and to entry of the proposed judgment and order as a means of resolving

this matter. 

10. The Union seeks an order enforcing the unsatisfied portion of the arbitration

award, requiring the Company to comply with it, and providing an appropriate judgment. 

11. The parties agree the remaining amount of the damage award is $9,445.98, and

adding interest at the designated rate through February 11, 2012, brings the total through that date

to $10,390.58. 

12. The fees and costs for which the Union seeks reimbursement, and to which the

Company also consents, total $2,744.00, comprising $2,279.00 for fees and $465.00 for costs. 

13. The basis for the other relief requested is stated in the arbitration award, and the

Company has consented to it. 
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WHEREFORE, the Union respectfully asks that its motion be granted and that judgment

be entered against Castle Construction Corporation, in the form attached or otherwise, for

$13,055.83 comprising $9,445.98 payable under the award to the Union and the Funds as

damages, $944.60 in interest through February 11, 2012, and $2,744.00 as reimbursement for

legal fees and costs; ordering it to pay interest at the rate of 10% a year on the base amount of the

damage award from February 12, 2012 through the date of payment, and interest at the statutory

rate on the remaining amount owed; ordering it to provide a bond of $180,000.00 in the required

form or to make an additional payment of $180,000.00 to serve as a cash bond; ordering it to

refrain from performing any work within the Union’s geographic and craft jurisdiction,

regardless of the name or business form used, until it makes all required payments and provides

the additional bond; ordering it, when performing any work, to employ and retain stewards on all

jobs and to provide weekly job reports to the LMCC. 

Barry M. Bennett

DOWD, BLOCH & BENNETT

8 South Michigan Avenue, 19 Floor th

Chicago, IL 60603

(312) 372-1361

Respectfully submitted,

 /s/ Barry M. Bennett 

Attorney for 

Administrative District Council 1 of Illinois

of the International Union of Bricklayers

and Allied Craftworkers, AFL-CIO

Z:\B -DC 1\Castle Construction Corp 11-7815\1.31.12 Filing\Agreed Motion for Entry.wpd