IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

TRUSTEES OF THE INDIANA STATE 

COUNCIL OF ROOFERS HEALTH AND 

WELFARE FUND 

P.O. BOX 5769 

LAFAYETTE, IN 47903, 

 Plaintiffs, 

-vsGAINES MECHANICAL 

CONTRACTORS, INC. 

528 HALL AVE. 

DAYTON, OH 45404 

 Defendant. 

SERVE ON: 

Bruce Gaines 

528 Hall Ave. 

Dayton, OH 45404 

 

 

CASE NO. 1:17-cv-786 

 

JUDGE _____________ 

 

COMPLAINT 

Plaintiffs Trustees of the Indiana State Council of Roofers Health and Welfare Fund, for 

their Complaint against Gaines Mechanical Contractors, Inc., allege as follows: 

JURISDICTION AND VENUE 

1. This action arises under the Employee Retirement Income Security Act of 1974 

(ERISA), 29 U.S.C. § 1001, et. seq. Jurisdiction over suits against an employer for failing to 

make contributions to employee benefit funds as required is conferred upon this Court by ERISA 

§§ 502 and 515, 29 U.S.C. §§ 1132 and 1145. This action also arises under the Labor 

Management Relations Act of 1947 (LMRA) § 301(a), 29 U.S.C. § 185(a), granting jurisdiction 

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to this Court over suits for violations of a collective bargaining agreement between an employer 

and labor organization. 

2. Venue is appropriate in this Court under Section 502(e)(2) of ERISA, 29 U.S.C. § 

1132(e)(2), because the actions giving rise to this action occurred within this district and because 

Defendant does business in this district. 

THE PARTIES

3. Plaintiffs Trustees of the Indiana State Council of Roofers Health and Welfare 

Fund are fiduciaries of a Trust Fund created pursuant to LMRA § 302(c)(5), 29 U.S.C. § 

186(c)(5), and administered through a Trust Agreement. The Fund is a multiemployer benefit 

plan and employee welfare plan within the meaning of ERISA §§ 3(1), (37), 29 U.S.C. §§ 

1002(1). Plaintiffs bring this action on behalf of the participants and beneficiaries of the Fund. 

The Fund’s principal place of business is located at P.O. Box 5769, Lafayette, Indiana 47903. 

4. Defendant Gaines Mechanical Contractors, Inc., is an Ohio corporation, with its 

principal place of business located at 528 Hall Avenue, Dayton, Ohio 45404. At all relevant 

times, Defendant was an employer as defined in LMRA § 2(2), 29 U.S.C. § 152(2) and ERISA § 

3(5), 29 U.S.C. § 1002(5). Defendant was engaged in interstate commerce and affecting 

commerce as defined in ERISA § 3(11) and (12), 29 U.S.C. § 1002(11) and (12). 

STATEMENT OF CLAIM 

COUNT I 

(ERISA Section 515, 29 U.S.C. Section 1145 – Failure to Pay Contributions) 

5. Plaintiffs reallege each averment set forth above as if fully rewritten herein. 

6. At all relevant times, Defendant was a party to and agreed to abide by the terms of 

a Collective Bargaining Agreement (“CBA”). A true and accurate copy of the relevant excerpts 

of the CBA is attached as Exhibit A. 

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7. The Fund is administered through a Trust Agreement. A true and accurate copy of 

relevant excerpts of the Fund’s Trust Agreement is attached as Exhibit B. 

8. The CBA incorporates the terms of all Trust Agreements for Trust Funds to which 

employers bound by the CBA contribute, as well as all related documents. By virtue of the Local 

24 joining the Fund in January 2017, this includes the Fund’s Trust Agreement and related 

documents. 

9. Pursuant to the terms of the CBA and the Trust Agreement, signatory employers 

are required to make monthly contributions to the Fund on behalf of each of their employees in 

an amount and under the terms set forth in the agreements. 

10. The Trust Agreement grants authority to Plaintiffs to create a Collections Policy. 

A true and accurate copy of the Fund’s Collections Policy is attached hereto and incorporated 

herein as Exhibit C. 

11. The Fund’s Collections Policy requires Defendant to submit all monthly reports 

and contributions on or before the last day of the month following the month in which work was 

performed. In the event that contributions are not made by the due date, they are delinquent and 

bear interest at the rate of 2% per month from the due date. 

12. In violation of the CBA, Trust Agreement, and Collection Policy, Defendant 

failed to make the required contributions and/or work reports for work performed in May, June, 

July, and September 2017. 

13. Pursuant to the terms of the CBA, Trust Agreement, and Collection Policy, the 

amounts owed for contributions are immediately due, plus interest. 

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14. Defendant’s failure to forward contributions, interest, and other amounts due and 

owing violates ERISA § 515, 29 U.S.C. § 1145, and Plaintiffs seek to remedy that violation 

pursuant to ERISA § 502(a)(3), 29 U.S.C. §1132(a)(3). 

COUNT II 

(LMRA Section 301, 29 U.S.C. Section 185 – Breach of Contract) 

(Failure to Pay Contributions)

15. Plaintiffs reallege each averment set forth above as if fully rewritten herein. 

16. At all relevant times, Defendant was a party to and agreed to abide by the terms of 

a CBA. 

17. The CBA incorporates the Fund’s Trust Agreement, as well as all documents 

related to the Agreement. The Trust Agreement grants authority to Plaintiffs to create a 

Collection Policy. 

18. The Fund’s Collections Policy requires Defendant to submit all monthly reports 

and contributions on or before the last day of the month following the month in which work was 

performed. In the event that contributions are not made by the due date, they are delinquent and 

bear interest at the rate of 2% per month from the due date. 

19. In violation of the CBA, Trust Agreement, and Collection Policy, Defendant 

failed to make the required contributions and/or work reports for work performed in May, June, 

July, and September 2017. 

20. Pursuant to the terms of the CBA, Trust Agreement, and Collection Policy, the 

amounts owed for contributions are immediately due, plus interest. 

21. Defendant’s failure to forward contributions, interest, and other amounts that are 

due and owing is a breach of the CBA, and Plaintiffs seek to remedy that breach pursuant to 

LMRA § 301, 29 U.S.C. § 185. 

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COUNT III

(ERISA Audit Enforcement) 

22. Plaintiffs reallege each averment set forth above as if fully rewritten herein. 

23. Pursuant to the terms of the Fund’s Trust Agreement, Defendant may be subjected 

to payroll audits as may be deemed appropriate. Defendant is required to provide in conjunction 

with such audits any and all payroll records that may be required to complete such audits. 

24. Defendant has failed to properly report hours worked. 

25. The only remedy through which Plaintiffs may ensure that they have been paid all 

amounts owed is for Defendant to submit to a payroll audit. 

26. Plaintiffs have no adequate remedy at law for Defendant’s refusal to comply with 

the CBA and Trust Agreement. Unless Defendant is required to submit to an audit as required by 

the Trust Agreement, Plaintiffs and the participants of the Fund administered by Plaintiffs will 

suffer irreparable harm. 

WHEREFORE, Plaintiffs demand the following relief against Defendant: 

A. Judgment on behalf of Plaintiffs and against Defendant in the amount of unpaid 

damages for May, June, July, and September 2017; 

B. Judgment on behalf of Plaintiffs and against Defendant in the amount of unpaid 

contributions from October 2017 forward, including unpaid contributions which should accrue 

during the pendency of this action, as provided under ERISA § 502(g), 29 U.S.C. § 1332 

(g)(2)(A); 

C. Judgment on behalf of Plaintiffs and against Defendant for accumulated interest at 

the rate of 2% per month for late and/or unpaid contributions from their respective due dates of 

such contributions; 

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D. Judgment against the Defendant requiring Defendant to submit to a complete 

payroll audit to determine the amounts due and owing to Plaintiffs; 

E. Judgment on behalf of Plaintiffs and against Defendant for all contributions owed, 

subject to amounts determined via payroll audit; 

F. Judgment on behalf of Plaintiffs and against Defendant requiring payment of 

interest on amounts found to be delinquent via payroll audit; 

G. An award of reasonable attorney’s fees incurred in connection with the collection 

of the unpaid amounts as provided for by the terms of the agreements and ERISA § 502(g), 29 

U.S.C. § 1332(g)(2)(D); 

H. An Order retaining jurisdiction over this cause pending compliance with all 

Orders; and 

I. Any other legal or equitable relief which the Court deems just as provided for 

under ERISA § 502(g), 29 U.S.C. § 1132(g)(2)(E). 

 Respectfully submitted, 

 LEDBETTER PARISI LLC 

/s/ Paul E. Stoehr 

 Paul E. Stoehr (OH #0096213) 

 5078 Wooster Rd., Suite 400 

 Cincinnati, OH 45226 

 (937) 619-0900 (ph) 

 (937) 619-0999 (fax) 

 pstoehr@fringebenefitlaw.com 

 Attorneys for Plaintiffs 

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