IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

CENTRAL STATES, SOUTHEAST AND 

SOUTHWEST AREAS PENSION FUND; 

CENTRAL STATES, SOUTHEAST AND 

SOUTHWEST AREAS HEALTH AND 

WELFARE FUND; and ARTHUR H. 

BUNTE, Jr., as Trustee, 

Plaintiffs, 

v. 

NORTHERN ILLINOIS TRANSIT, INC., 

an Illinois corporation, 

Defendant. 

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Case No. 12-CV-3461 

Judge Guzman 

AFFIDAVIT OF PETER PRIEDE 

STATE OF ILLINOIS ) 

) SS: 

COUNTY OF COOK ) 

NOW COMES Peter Priede and, having been fully sworn on oath, deposes and 

states as follows: 

FACTUAL BACKGROUND 

1. I am an adult and am otherwise competent to give evidence. 

2. I have personal knowledge with respect to the facts set forth in this 

Affidavit and, if called to give evidence in this matter, I would testify consistently with 

those facts. 

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3. I am employed as the Group Manager of the Operations Accounting 

Group at Central States, Southeast and Southwest Areas Pension Fund ("Pension 

Fund") and Central States, Southeast and Southwest Areas Health and Welfare Fund 

("Health and Welfare Fund") and I am familiar with the operations of the Pension 

Fund and the Health and Welfare Fund (collectively, the "Funds"). 

4. The Pension Fund is an employee benefit plan and trust, with its principal 

and exclusive offices at 9377 West Higgins Road in Rosemont, Cook County, Illinois. 

5. The Pension Fund is primarily funded by contributions remitted by 

multiple participating employers pursuant to negotiated collective bargaining 

agreements with local unions affiliated with the International Brotherhood of 

Teamsters ("IBT") on behalf of employees of those same employers. All principal and 

income from such contributions and investments thereof is held and used for the 

exclusive purpose of providing pension benefits to participants and beneficiaries of the 

Pension Fund and paying the administrative expenses of the Pension Fund. 

6. The Health and Welfare Fund is an employee benefit plan and trust, with 

its principal and exclusive offices at 9377 West Higgins Road in Rosemont, Cook 

County, Illinois. 

7. The Health and Welfare Fund is primarily funded by contributions 

remitted by multiple participating employers pursuant to negotiated collective 

bargaining agreements with local unions affiliated with the International Brotherhood 

of Teamsters ("IBT") on behalf of employees of those same employers. All principal 

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and income from such contributions and investments thereof is held and used for the 

exclusive purpose of providing pension benefits to participants and beneficiaries of the 

Health and Welfare Fund and paying the administrative expenses of the Health and 

Welfare Fund. 

8. Arthur H. Bunte, Jr. is a Trustee and a fiduciary of the Pension Fund and 

brings this action in that capacity. 

9. Local Union No. 722 ("Local722") of the IBT is a labor organization which 

at all times since at least May 1, 2006 has represented, for the purposes of collective 

bargaining, certain employees of NIT. 

GOVERNING DOCUMENTS & AGREEMENTS 

10. In the regular course of its business, the Funds keep and maintain files on 

contributing employers, including Northern Illinois Transit, Inc. ("NIT"). 

11. The Funds' files for NIT are under my dominion and control. 

12. In the regular course of its business, the Funds keep and maintain copies 

of collective bargaining agreements ("CBAs") executed by or on behalf of participating 

employers which require the payment of contributions to the Funds, including CBAs 

executed by NIT. 

13. In the regular course of business, the Funds keep and maintain copies of 

participation agreements executed by or on behalf of participating employers that 

require the payment of contributions to the Funds, including a participation agreement 

executed by NIT. 

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I. The Articles of Construction Agreements. 

14. On June 16, 2006, the Funds received an Articles of Construction 

Agreement for the period of May 1, 2006 through April 30, 2010 that was negotiated by 

a multiemployer bargaining association known as the Associated General Contractors 

of Illinois and the Illinois Conference of Teamsters on behalf of various local unions, 

including Local Union 722 ("Local 722") ("2006 CBA"). 

15. On June 15, 2009, the Funds received a signature page indicating that NIT 

was included as a participating employer in the 2006 CBA. 

16. A true and correct copy of the 2006 CBA is attached hereto as Exhibit 1. 

17. Under Article 12 of the 2006 CBA, Employers agreed to make 

contributions to the Pension Fund on behalf of covered employees and to "abide and be 

bound by appropriate trust agreements necessary for the administration of the 

[Pension] Fund .... " 

18. Under· Article 11 of the 2006 CBA, Employers agreed to contribute to the 

Health and Welfare Fund "for each hour worked by each employee covered by this 

Agreement during the life of this Agreement." 

19. Article 31 of the 2006 CBA also provides, with respect to the duration of 

the agreement: 

F: 209576/06315131 

The Agreement shall become effective as of the tst day of 

May, 2006 and shall remain in full force and effect until the 

30th day of April, 2010 and each year thereafter unless 

written notice of termination or desired modifications is 

given at least sixty (60) days up to ninety (90) days prior to 

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the expiration date of the contract by either of the parties 

hereto: 

20. Under Article 3 of the 2006 CBA, NIT agreed that its employees would 

"work within the bargaining unit that is the subject of this agreement" and "pay the 

periodic dues of the Local Union having jurisdiction for representation purposes over 

the geographical area within which such persons work a majority of the time, figured 

on a month by month basis." 

21. On June 23, 2010, the Funds received the Articles of Construction 

Agreement between the Associated General Contractors of Illinois and the Illinois 

Conference of Teamsters for the period May 1, 2010 through July 31,2011 ("2010 CBA"). 

A true and correct copy of the 2010 CBA is attached hereto as Exhibit 2. 

22. Under Article 12 of the 2010 CBA, Employers agreed to make 

contributions to the Pension Fund on behalf of covered employees and to "abide and be 

bound by appropriate trust agreements necessary for the administration of the 

[Pension] Fund .... " 

23. Under Article 11 of the 2010 CBA, Employers agreed to contribute to the 

Health and Welfare Fund "for each hour worked by each employee covered by this 

Agreement during the life of this Agreement." 

24. Article 32 of the 2010 CBA also provides, with respect to the duration of 

the agreement: 

F: 209576/ 06315131 

The Agreement shall become effective as of the 1st day of 

May, 2010 and shall remain in full force and effect until the 

31st day of July, 2011 and each year thereafter unless written 

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notice of termination or desired modifications is given at 

least sixty (60) days up to ninety (90) days prior to the 

expiration date of the contract by either of the parties hereto. 

25. Article 3 of the 2010 CBA requires that participating employees pay union 

dues to their respective Local Unions. 

26. On June 16, 2012, the Funds received the Articles of Construction 

Agreement between the Associated General Contractors of Illinois and the Illinois 

Conference of Teamsters for the period May 1, 2012 through April 30, 2014 ("2012 

CBA"). A true and correct copy of the 2012 CBA is attached hereto as Exhibit 3. 

27. Under Article 12 of the 2012 CBA, Employers agreed to make 

contributions to the Pension Fund on behalf of covered employees and to "abide and be 

bound by appropriate trust agreements necessary for the administration of the 

[Pension] Fund .... " 

28. Under Article 11 of the 2012 CBA, Employers agreed to contribute to the 

Health and Welfare Fund "for each hour worked by each employee covered by this 

Agreement during the life of this Agreement." 

29. Article 32 of the 2012 CBA also provides, with respect to the duration of 

the agreement: 

F: 209576/06315131 

The Agreement shall become effective as of the 1st day of 

May, 2012 and shall remain in full force and effect until the 

30th day of April, 2014 and each year thereafter unless 

written notice of termination or desired modifications is 

given at least sixty (60) days up to ninety (90) days prior to 

the expiration date of the contract by either of the parties 

hereto. 

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30. Article 3 of the 2012 CBA requires that participating employees pay union 

dues to their respective Local Unions. 

II. The Participation Agreement. 

31. On or about February 27, 2009, NIT entered into a Participation 

Agreement with Local 722 ("Participation Agreement"). 

32. A true and correct copy of the Participation Agreement is attached hereto 

as Exhibit 4. 

33. The Participation Agreement provides in Paragraph 1: 

The Union and the Employer agree to be bound by the Trust 

Agreement(s) of the Pension Fund and/ or the Health and 

Welfare Fund, all rules and regulations presently in effect or 

subsequently adopted by the Trustees of the Fund(s) and 

accept the respective Employer and Employee Trustees and 

their successors. 

34. The Participation Agreement provides in Paragraph 5: 

F: 209576/06315131 

This Agreement and the obligation to pay contributions to 

the Fund(s) will continue after the termination of a collective 

bargaining agreement and during a strike except no 

contributions shall be due during a strike unless the Union 

and the Employer mutually agree in writing otherwise. This 

Agreement and the Employer's obligation to pay 

contributions shall not terminate until a) the Trustees decide 

to terminate the participation of the Employer and provide 

written notice of their decision to the Employer by 

specifying the date of termination of participation or b) the 

Employer is no longer obligated by a contract or statute to 

contribute to the Fund(s) and the Fund(s) have received 

written notice directed to the Fund(s) Contracts Department 

at the address specified above sent by certified mail with 

return. receipt requested which describes the reason why the 

Employer is no longer obligated to contribute or c) the date 

the NLRB certifies the result of an election that terminates 

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the Union's representative status or d) the date the Union's 

representative status terminates through a valid disclaimer 

of interest. In the event the Employer participates in both 

the Pension Fund and the Health and Welfare Fund and the 

termination referred to in a) or b) relates only to one Fund, 

then this agreement shall remain in effect with respect to the 

other Fund. In the event of an NLRB election or disclaimer 

of interest referred to in c) or d) relates to only part of the 

bargaining unit, this Agreement shall remain in effect with 

respect to the remainder of the bargaining unit. 

35. Through the date of the filing of this Affidavit, NIT has not provided the 

Funds with notice of termination in accordance with the Participation Agreement. 

36. The Participation Agreement provides in Paragraph 9: 

37. 

.... In the event of a delinquency, a) the Employer shall be 

obligated to pay interest on the monies due to the Fund(s) 

from the date payment was due to the date when payment is 

made, together with all expenses of collection incurred by 

the Fund(s) from the date when payment was due to the 

date when payment is made, together with all expenses of 

collection incurred by the Fund(s), including, but not limited 

to, attorneys' fees and costs and b) at the option of the 

Trustees or their delegated representative, the payment of 

contributions that accrue after the Employer has become 

delinquent shall be accelerated so that the contributions 

owed for each calendar week (Sunday through Saturday) 

shall be due the following Monday .... 

The Participation Agreement provides in Paragraph 14: II To the 

extend there exists any conflict between any provisions of this Participation Agreement 

and any provisions of the collective bargaining agreement, the Participation Agreement 

shall control." 

III. The Funds' Trust Agreements. 

38. The Pension Fund is created by, and governed by, a Trust Agreement. 

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39. A true and correct copy of the Pension Fund Trust Agreement is attached 

hereto as Exhibit 5. 

40. The Health and Welfare Fund is also created by, and governed by, a Trust 

Agreement. 

41. A true and correct copy of the Health and Welfare Fund Trust Agreement 

is attached hereto as Exhibit 6. 

42. The Trust Agreements provide, at Article I, Section 1, that: 

Each Employer shall remit continuing and prompt 

contributions to the Trust Fund as required by the applicable 

collective bargaining agreement to which the Employer is a 

party, applicable law and all rules and requirements for 

participation by Employers in the Fund .... 

43. The Trust Agreements provide, at Article Ill, Section 1, that: 

[T]he obligation to make such contributions shall continue 

(and cannot be retroactively reduced or eliminated) after 

termination of the collective bargaining agreement until the 

date the Fund receives a) a signed contract that eliminates or 

reduces the duty to contribute to the Fund or b) written 

notification that the Employer has lawfully implemented a 

proposal to withdraw from the Fund or reduce its 

contributions at the above-specified address. The obligation 

to make such contributions shall continue during periods 

when the collective bargaining agreement is being 

negotiated, but such contributions shall not be required in 

case of strike after contract termination, unless the parties 

mutually agree otherwise. 

44. Through the date of the filing of this Affidavit, NIT has not provided the 

Funds with written notice indicating that its duty to contribute to the Funds has ended 

or that it has lawfully implemented a bargaining proposal that does not comtemplate 

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contributions to the Funds. Further, NIT has not provided the Funds with a contract 

that eliminates the duty to contribute to the Funds. 

45. Effective February 15, 2010 through the present, Article XIV Section 4 of 

the Pension Fund's Trust Agreement provides, in part, as follows: 

F: 209576/06315131 

Non-payment by an Employer of any moneys due shall not 

relieve any other Employer from its obligation to make 

payment. In addition to any other remedies to which the 

parties may be entitled, an Employer shall be obligated to 

pay interest on any contributions, withdrawal liability 

and/ or other moneys due to the Trustees from the date 

when the payment was due to the date when the payment is 

made, together with all expenses of collection incurred by 

the Trustees, including, but not limited to, attorneys' fees 

and such fees for late payment as the Trustees determine 

and as permitted by law. The interest payable by an 

Employer with respect to past due contributions and/ or 

other money (other than withdrawal liability) prior to the 

entry of a judgment, shall be computed and charged to the 

Employer (a) at an annualized interest rate equal to two 

percent (2%) plus the prime interest rate established by 

JPMorgan Chase Bank, NA for the fifteenth (15th) day of the 

month for which the interest is charged, or (b) at an 

annualized interest rate of 7.5% (whichever is greater) .... 

Any judgment against an Employer for contributions and/ or 

withdrawal liability owed to this Fund shall include the 

greater of (a) a doubling of the interest computed and 

charged in accordance with this section or (b) single interest 

computed and charged in accordance with this section plus 

liquidated damages in the amount of 20% of the unpaid 

contributions and/ or withdrawal liability. The interest rate 

after entry of a judgment against an Employer for 

contributions and/ or other amounts due (other than 

withdrawal liability) shall be due from the date the 

judgment is entered until the date of payment, shall be 

computed and charged to the Employer on the entire 

judgment balance (a) at an annualized interest rate equal to 

two percent (2%) plus the prime interest rate established by 

JPMorgan Chase Bank, NA for the fifteenth (15th) day of the 

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month for which the interest is charged, or (b) at an 

annualized interest rate of 7.5% (whichever is greater), and 

such interest shall be compounded annually. 

46. For the relevant periods prior to February 15, 2010, Article XIV Section 4 

of the Pension Fund's Trust Agreement provided, in relevant part, as follows: 

F: 209576/06315131 

Non-payment by an Employer of any moneys due shall not 

relieve any other Employer from its obligation to make 

payment. In addition to any other remedies to which the 

parties may be entitled, an Employer shall be obligated to 

pay interest on any contributions and/ or other moneys due 

to the Trustees from the date when the payment was due to 

the date when the payment is made, together with all 

expenses of collection incurred by the Trustees, including, 

but not limited to, attorneys' fees and such fees for late 

payment as the Trustees determine and as are permitted by 

law. The interest payable by an Employer, in accordance 

with the preceding sentence, shall be computed and charged 

to the Employer at an annualized interest rate equal to two 

percent (2%) plus the prime interest rate established by 

Chase Manhattan Bank (New York, New York) for the 

fifteenth (15th) day of the month for which the interest is 

charged. Any judgment against an Employer for 

contributions owed to this Fund shall include the greater of 

(a) a doubling of the interest computed and charged in 

accordance with this section or (b) single interest computed 

and charged in accordance with this section plus liquidated 

damages in the amount of 20% of the unpaid contributions. 

The interest rate after entry of a judgment against an 

Employer for contributions shall be due from the date the 

judgment is entered until the date of payment, shall be 

computed and charged to the Employer on the entire 

judgment balance at an annualized interest rate equal to two 

percent (2%) plus the prime interest rate established by 

Chase Manhattan Bank (New York, New York) for the 

fifteenth (15th) day of the month for which the interest is 

charged and shall be compounded annually. 

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47. Article 11 Section 4 of the Health and Welfare Fund Trust Agreement also 

contains (and contained) a provision that is (and was) identical to the provisions quoted 

in the above paragraphs 44 and 45, except there are no references to "withdrawal 

liability" in the Health and Welfare Fund Trust Agreement provision. 

OPERATIVE EVENTS 

48. Under Paragraph 9 of the Participation Agreement and the Funds' rates, 

NIT is required to self-report to the Funds the work history of eligible employees, which 

the Funds use in turn to prepare monthly bills and to determine benefit eligibility. 

49. The self-reporting system requires participating employers like NIT to 

identify those employees for whom contributions are owed and requires the employers 

to identify the weeks and/ or days worked by the eligible employees ("work history"). 

50. Under the Participation Agreement, on or before the 15th day of every 

month, participating employers like NIT are required to pay all contributions owed for 

the prior month. 

51. From October 2009 through the present, the Funds have not received selfreported work history of eligible employees from NIT, except on January 7, 2011 they 

received self-reported work history from NIT for the period of August 2010 through 

November 2010. Attached as Exhibit 7 is a true and correct copy of the work history 

reported by NIT from August 2010 through November 2010. 

52. According to the work history provided by NIT for the period August 

2010 through November 2010, NIT owes the following amounts to the Pension Fund: 

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Month Weeks Reported Rate Amount Due 

August 2010 8weeks $162.50/week $1,300.00 

September 2010 11 weeks $162.50/week $1,787.50 

October 2010 14weeks $162.50/week $2,275.00 

November 2010 2 weeks $162.50/week $325.00 

Total 35 $162.50/week $5,687.50 

53. According to the work history provided by NIT for the period August 

2010 through November 2010, NIT owes the following amounts to the Health and 

Welfare Fund: 

Month Hours Reported Rate Amount Due 

August 2010 296 hours $9.05/hour $2,678.80 

September 2010 432.25 hours $9.05/hour $3,911.86 

October 2010 421.75 hours $9.05/hour $3,816.84 

November 2010 70.5 hours $9.05/hour $638.03 

Total 1,220.50 hours $9.05/hour $11,045.53 

54. NIT has not paid the Pension Fund the $5,687.50 contributions or the 

Health and Welfare Fund $11,045.53 in contributions that it owes in accordance with the 

work history that it reported for the period August 2010 through November 2010. In 

fact, in November 2009, NIT stopped paying monthly contributions to the Funds, with 

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the exception of two payments of $500.00 made on February 4, 2011 and March 4, 2011, 

respective! y. 

55. The Funds have not received notice from NIT that it has terminated its 

participation in the CBAs in accordance with the Participation and Trust Agreements. 

AUDIT FINDINGS AND DAMAGES 

56. Pursuant to Paragraph 10 of the Participation Agreement and Article III, 

Section 6 of the Trust Agreements, the Funds are permitted to audit work history and 

payroll records of participating employers' records in order to verify the accuracy and 

completeness of the reported employee work history submitted as part of the selfreporting system. 

57. The Funds audited NIT's records to verify the employee work history 

reported and/ or reportable to the Funds by NIT for the period of May 10, 2009 through 

July 14, 2012. 

58. The audit of NIT's records for the period of May 10, 2009 through July 14, 

2012 revealed that NIT failed to accurately report work history and pay all of the 

contributions (and interest due thereon) owed to the Funds. 

59. Consequently, through February 6, 2013, NIT owes the Pension Fund 

contributions in the amount of $32,642.60 ($26,955.10 in contributions owed based on 

audit findings plus 5,687.50 in contributions owed based on reported work history). 

Likewise, NIT owes the Health and Welfare Fund contributions in the amount of 

$47,993.37 ($37,947.84 of which is based on audit findings in contributions owed based 

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on audit findings plus $10,045.53 in contributions owed based on reported work 

history). Of the $26,955.10 in audit contributions owed to the Pension Fund, $9,750.00 

relate to the period of May 20, 2009 through 2010 and the remaining audit contributions 

relate to the 2011 through 2012 audit period. Of the $37,947.84 in audit contributions 

owed to the Health and Welfare Fund, $19,020.84 relate to the audit period of May 20, 

2009 through 2010 and the remaining audit contributions relate to the 2011 and 2012 

audit period. 

60. The initial audit findings upon which the Health and Welfare Fund were 

$38,984.32. However, during the course of discovery, NIT presented evidence of 

disputes for a portion of these findings. The Funds reviewed its files, concurs with 

NIT's assertions regarding the disputed findings, and has reversed those findings, now 

claiming only $37,947.84 from the Health and Welfare Fund in audit contributions. 

61. Pursuant to Article XIV, Section 4 of the Trust Agreements and Paragraph 

9 of the Participation Agreement, the Funds are entitled to the following relief when it 

prevails in an action, like the present one: (a) the principal amount of any unpaid 

contributions; (b) interest on those unpaid contributions at a rate specified in the Trust 

Agreement; (c) an amount equal to the greater of the interest, or liquidated damages as 

provided under the Plan in an amount not in excess of twenty percent (20%) of the 

unpaid contributions; and (d) reasonable attorneys' fees and costs. 

62. Pursuant to Article XIV, Section 12 of the Pension Fund's Trust 

Agreement, Article XI, Section 11 of the Health and Welfare Fund's Trust Agreement, 

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and Paragraph 10 of the Participation Agreement, NIT is required to pay all audit fees 

and costs incurred by the Funds in connection with the audit of NIT's records. 

63. Through February 6, 2013, NIT owes interest to the Pension Fund on the 

total unpaid contributions in the amount of $4,534.41. 

64. Through February 6, 2013, NIT owes interest to the Health and Welfare 

Fund on the total unpaid contributions in the amount of $7,372.28. 

65. Pursuant to the terms of the Funds' Trust Agreements, the Funds are 

entitled to the greater of doubled interest or liquidated damages in the amount of 

twenty percent (20%) of unpaid employer contributions. 

66. Because 20% of the contribution amount ($32,642.60) owed to the Pension 

Fund is $6,528.52 and the unpaid accrued interest is $4,534.41 NIT also owes the greater 

amount of $6,528.52 to the Pension as liquidated damages. 

67. Because 20% of the contribution amount ($47,993.37) owed to the Health 

and Welfare Fund Is $9,598.67 and the unpaid accrued interest is $7,372.28 NIT also 

owes the greater amount of $9,598.67 to the Health and Welfare as liquidated damages. 

68. 

$7,656.50. 

69. 

The total audit fees and costs incurred in the audit of NIT's records is 

Consequently, as a result of NIT's failure to pay all of the contributions 

owed to the Pension Fund, as of February 6, 2013 NIT is indebted to the Pension Fund 

in the total amount of $47,533.78 exclusive of attorney's fees and costs, and expressed as 

follows: 

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Contributions: 

Interest (2/6/13): 

Liquidated Damages: 

Audit fees: 

Total: 

$32,642.60 

$4,534.41 

$6,528.52 

$3,828.25 

$47,533.78 

70. As a result of NIT's failure to pay all of the contributions owed to the 

Health and Welfare Fund, as of February 6, 2013 NIT is indebted to the Health and 

Welfare Fund in the total amount of $68,792.57 exclusive of attorney's fees and costs, 

and expressed as follows: 

Contributions: 

Interest (2/6/13): 

Liquidated Damages: 

Audit fees: 

Total: 

$47,993.37 

$7,372.28 

$9,598.67 

$3,828.25 

$68,792.57 

FURTHER AFFIANT SAYETH NAUGHT. 

Subscribed and sworn before me, a 

Notr.r:xfublic of the State of Illinois, 

thistt.,fh day of February, 2013. 

~~~~ Notary Public 

OFFICIAL SEAL 

DEBBIE R Ba.DEN 

NOTARY PUBLIC· STATE OFIU.N)IS 

MY COMMISSION EXPIRES:CIM)5f13 

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Peter Priede 

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