UNITED STATES FEDERAL DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

AT DAYTON

IRON WORKERS DISTRICT COUNCIL 

OF SOUTHERN OHIO & VICINITY

BENEFIT TRUST,

1470 Worldwide Place

Vandalia, Ohio 45377

and

IRON WORKERS DISTRICT COUNCIL 

OF SOUTHERN OHIO & VICINITY

PENSION TRUST,

1470 Worldwide Place

Vandalia, Ohio 45377

and

IRON WORKERS DISTRICT COUNCIL 

OF SOUTHERN OHIO & VICINITY

ANNUITY TRUST,

1470 Worldwide Place

Vandalia, Ohio 45377

Plaintiffs,

v.

J & H REINFORCING AND

STRUCTURAL ERECTORS, INC.,

1406 Tenth Street, P.O. Box 60

Portsmouth, OH 45662

and

DONALD A. HADSELL,

1406 Tenth Street, P.O. Box 60

Portsmouth, OH 45662

Defendants.

CASE NO. 3:18-CV-17

JUDGE 

COMPLAINT FOR MONEY 

DAMAGES, INJUNCTIVE RELIEF, 

AND ATTORNEYS’ FEES FOR 

VIOLATIONS OF ERISA AND THE 

LMRA

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STATEMENT OF THE CASE

1. This is a suit brought by three employee benefit plans, Iron Workers District Council of 

Southern Ohio & Vicinity Benefit Trust (“Benefit Trust”), Pension Trust (“Pension Trust”), and 

Annuity Trust (“Annuity Trust) (collectively the “Trusts” or “Plaintiffs”), against: (i) J & H 

Reinforcing and Structural Erectors, Inc. (“J&H”) for its violations of Section 515 of Employee 

Retirement Income Security Act of 1974, as amended (“ERISA”), 29 U.S.C. § 1145.; (ii) J&H for 

its violations of Section 301 of the Labor Management Relations Act (“LMRA”), as amended, 29 

U.S.C. §185; and (iii) J&H’s owner and principal officers Donald A. Hadsell (J&H and Hadsell 

are collectively the “Defendants”), for his violations of ERISA by breaching his fiduciary duties 

owed to the Trusts; and (iv) Defendant Hadsell for his prohibited transactions are a party-ininterest under ERISA. Plaintiffs seek to recover unpaid liquidated damages, interest, and equitable 

relief from Defendants, jointly and severally. Plaintiffs further seek from Defendants, jointly and 

severally, their reasonable attorneys’ fees and collection costs. Lastly, Plaintiffs seek postjudgment interest pursuant to Title 28 U.S.C. § 1961 on all monetary relief granted in this case.

PARTIES - BENEFIT TRUST

2. Plaintiff, IRON WORKERS DISTRICT COUNCIL OF SOUTHERN OHIO & 

VICINITY BENEFIT TRUST (“Benefit Trust”) was created pursuant to a written Agreement 

and Declaration of Trust (“Benefit Trust Agreement”), entered into on August 1, 1952, between 

various labor organizations affiliated with the International Association of Bridge, Structural and 

Ornamental Iron Workers, AFL-CIO (“Participating Unions”) and various employers having 

collective bargaining agreements (“CBAs”) with the Participating Unions involved. The Benefit 

Trust Agreement has been amended from time to time. The Benefit Trust Agreement is attached 

hereto as Exhibit 1. 

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3. The Benefit Trust was created for the purpose of providing and maintaining life insurance, 

weekly accident and sickness benefits, hospitalization coverage, medical and surgical coverage, 

and dental coverage for the benefit of participating employees and their families. 

4. The Benefit Trust is an employee welfare benefit plan and employee benefit plan within 

the meaning of Section 3(1) and 3(3) of ERISA, 29 U.S.C. § 1002(1) and (3).

5. The Benefit Trust is a third-party beneficiary to the collective bargaining agreement 

relevant herein (“CBAs”) under which Defendants owe a duty to timely remit fringe benefit 

contributions.

PARTIES - PENSION TRUST

6. Plaintiff, IRON WORKERS DISTRICT COUNCIL OF SOUTHERN OHIO & 

VICINITY PENSION TRUST (“Pension Trust”), was created pursuant to a written Agreement 

and Declaration of Trust (“Pension Trust Agreement”), entered into on October 30, 1962, between 

various labor organizations affiliated with the Participating Unions and various employers having 

CBAs with the Participating Unions involved. The Pension Trust Agreement has been amended 

from time to time. The Pension Trust Agreement is attached hereto as Exhibit 2. 

7. The Pension Trust was created for the purpose of providing pension, retirement, and death 

benefits for participating employees and their beneficiaries. 

8. The Pension Trust is an employee pension benefit plan and an employee benefit plan within 

the meaning of Section 3(2) and 3(3) of ERISA, Title 29 U.S.C. § 1002(2) and (3).

9. The Pension Trust is a third-party beneficiary to the CBAs under which Defendants owe a 

duty to timely remit fringe benefit contributions.

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PARTIES – ANNUITY TRUST

10. Plaintiff, IRON WORKERS DISTRICT COUNCIL OF SOUTHERN OHIO & 

VICINITY ANNUITY TRUST (“Annuity Trust”) (hereinafter the Benefit Trust, the Pension 

Trust, and the Annuity Trust shall be referred to collectively as the “Trusts” or “Plaintiffs”), was 

created pursuant to a written Agreement and Declaration of Trust (“Annuity Trust Agreement”) 

(hereinafter the Benefit Trust Agreement, the Pension Trust Agreement, and the Annuity Trust 

Agreement shall be referred to collectively as the “Trust Agreements”), entered into on April 27, 

1971, between various labor organizations affiliated with the Participating Unions and various 

employers having CBAs with the Participating Unions involved. The Annuity Trust Agreement 

has been amended from time to time. The Annuity Trust Agreement is attached hereto as Exhibit 

3. 

11. The Annuity Trust was created for the purpose of providing annuity benefits for 

participating employees and their beneficiaries. 

12. The Annuity Trust is an employee benefit plan within the meaning of Section 3(3) of 

ERISA, Title 29 U.S.C. § 1002(3).

13. The Annuity Trust is a third-party beneficiary to the CBAs under which Defendants owe a 

duty to timely remit fringe benefit contributions.

PARTIES – J&H REINFORCING AND STRUCTURAL ERECTORS, INC.

14. Upon information and belief, J&H Reinforcing and Structural Erectors, Inc. (“J&H”) is 

headquartered, incorporated, and performing work in the State of Ohio.

PARTIES – DONALD A. HADSELL

15. Upon information and belief, Donald A. Hadsell is the owner and principal officer of J&H 

and is a resident of the State of Ohio.

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JURISDICTION, VENUE, AND STANDING

16. Pursuant to Sections 502(a)(3), (e)(1), (f), and (g)(2) of ERISA, 29 U.S.C. §§ 1132(a)(3), 

(e)(1), (f), (g)(2), the United States District Courts have exclusive jurisdiction over this case, 

without regard to the amount in controversy or the citizenship of the parties, to enforce the 

provisions of ERISA, or the terms of the plan, or to remedy violations of Section 515 of ERISA, 

29 U.S.C. § 1145.

17. The Trusts’ principal place of operation and administration is located in the City of 

Vandalia, Montgomery County, State of Ohio, and as such, is within the jurisdiction of the United 

States District Court for the Southern District of Ohio, Western Division, pursuant to 28 U.S.C. § 

115(b)(1) for the first, third, and fourth count of this complaint.

18. The first, third, and fourth counts in this complaint are properly brought in the United States 

District Court for the Southern District of Ohio, Western Division, pursuant to Section 502(e)(2) 

of ERISA, 29 U.S.C. § 1132(e)(2), which provides that actions to redress violations of ERISA may 

be brought in a District Court of the United States where the plan is administered, and process may 

be served in any other district where a defendant resides or may be found.

19. Further, this Court has jurisdiction over Plaintiffs’ second count in this complaint pursuant 

to Section 301(c) of the LMRA, 29 U.S.C. 185(c), which provides:

For the purposes of actions and proceedings by or against labor 

organizations in the district courts of the United States, district 

courts shall be deemed to have jurisdiction of a labor organization: 

(1) in the district in which such organization maintains its principal 

office, or (2) in any district in which its duly authorized officers or 

agents are engaged in representing or acting for employee members.

20. Venue of Plaintiffs’ second count in the complaint is properly conferred upon this Court 

pursuant to Section 301(a) of the LMRA, 29 U.S.C. § 185(a), which provides:

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Suits for violation of contracts between an employer and a labor 

organization representing employees in an industry affecting 

commerce as defined in this chapter...may be brought in any district 

court of the United States having jurisdiction of the parties, without 

respect to the amount in controversy or without regard to the 

citizenship of the parties.

21. Venue in this Court is proper pursuant to 28 U.S.C. § 1391 because the Plaintiffs and 

Defendants all reside within this judicial district.

22. The Trusts have standing for the first, third, and fourth claims to bring this suit in their own 

names pursuant to Section 502(d)(1) of ERISA, 29 U.S.C.§ 1132(d)(1), which provides that the 

Trusts may sue, as entities, for the relief sought in this case.

23. The Trusts have standing to bring the second claim under the LMRA as third-party 

beneficiaries to the CBAs.

THE TRUSTS ARE MULTIEMPLOYER PLANS 

WITHIN THE MEANING OF ERISA

24. The Trusts are maintained pursuant to one or more collective bargaining agreements 

between one or more labor organizations and more than one employer. The collective bargaining 

agreements require more than one employer to contribute to the Trusts. Hence, the Trusts are 

multiemployer plans within the meaning of Section 3(37)(A) of ERISA, 29 U.S.C. § 1002(37)(A).

RELEVANT COLLECTIVE BARGAINING AGREEMENT

25. At all times relevant to this suit, J&H has been bound to the terms of a collective bargaining 

agreement with Iron Workers Local No. 172, Columbus, Ohio (“Local 172”) and Iron Workers 

Local No. 769, Ashland, Kentucky (“Local 769”). Further, at all relevant times J&H has been

bound to a participation agreement binding it to the Trust Agreements. A copy of the most-recent 

participation agreement signed by J&H is attached hereto as Exhibit 4.

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26. Pursuant to that agreement, J&H must pay the wage and fringe benefit rates provided for 

in the CBAs with Local 172 and Local 769 which are Participating Unions affiliated with the 

International Association of Bridge, Structural, and Ornamental Iron Workers. The CBAs

establish the terms and conditions of employment of Defendant J&H’s bargaining unit employees 

covered thereunder. 

27. Among the terms and conditions of employment established by the CBAs is the 

requirement that J&H contribute a certain amount of money per hour for each covered employee 

to the Trusts as provided by the CBAs.

28. The CBAs bind J&H to the Trust Agreements and all provisions therein.

TRUST AGREEMENTS AND COLLECTION POLICY

29. Pursuant to Article I, Section 6 of the Benefit Trust Agreement and Article III, Section 6 

of the Pension Trust Agreement and Annuity Trust Agreement, Employer Contributions “are Fund 

Assets at the time that they become due as stated in the collective bargaining agreements between 

the Unions and the Employers, the participation agreements, and [the] Trust Agreement[s].”

30. Pursuant to Article I, Section 15 of the Benefit Trust Agreement and Article III, Section 15 

of the Pension Trust Agreement and Annuity Trust Agreement, “Fund Assets” include: 

[T]he sums of money that have been or will be paid or which are due and owing to 

the Trusts by the Employers as Employer Contributions required by the collective 

bargaining agreements between the Unions and the Employers, the participation 

agreements, the Trust Agreements, as well as signed stipulations (including, but not 

limited to settlement agreements, promissory notes, and judgments), or applicable 

law.

31. Pursuant to Article III, Section 10 of the Benefit Trust Agreement and Article VIII and 

Section 10 of the Pension Trust Agreement and Annuity Trust Agreement, a contributing 

employer’s owners, officers, employees, agents, and/or representatives may be held personally 

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liable for failing to make Employer Contributions, which as a result of their delinquent payment 

have become Fund Assets, providing as follows:

Not by way of limitation, any of an Employer’s officers, owners, employees, 

agents, and/or representatives, however characterized, who exercise discretion 

and/or control with respect to the management, disposition, payment, or 

nonpayment of Employer Contributions that are due and owing to the [Trusts] (or 

any Fund Assets) shall be deemed “fiduciaries” of the [Trusts] within the meaning 

of [ERISA], including but not limited to 29 U.S.C. §1002(21)(A)(i), and shall be 

personally liable to the [Trusts] for the unpaid contributions, as well as all other 

amounts and damages resulting from the breach of fiduciary duty pursuant to 

ERISA, including but not limited to 29 U.S.C. §1109.

32. Pursuant to Article V, Section 4 of the Benefit Trust Agreement and Article VI, Section 6 

of the Pension Trust Agreement and Annuity Trust Agreement, the Trustees are empowered to 

promulgate such rules and regulations as may in their discretion, be deemed proper and necessary 

for the sound and efficient administration of the Trusts.

33. Pursuant to this power, the Trusts Board of Trustees collective approved a Statement of 

Policies and Procedures on Delinquency Collections (“Collections Policy”). A copy of this 

document, and its amendments, is attached hereto as Exhibit 5.

34. The Collection Policy, and all other policies of the Trusts, is binding on J&H through the 

Trust Agreements.

35. Pursuant to the Trust Agreement and the Collection Policy, which J&H is bound through 

the CBAs, J&H is assessed liquidated damages and interest when it delinquently remits fringe 

benefit contributions.

COUNT I – DEFENDANT J&H HAS DELINQUENTLY REMITTED ITS 

CONTRIBUTIONS TO THE TRUSTS AND HAS FAILED TO PAY THE REQUIRED 

LIQUIDATED DAMAGES AND INTEREST IN VIOLATION OF SECTION 515 OF 

ERISA, 29 U.S.C. § 1145

36. The allegations contained in the paragraphs of this Complaint immediately preceding this 

paragraph are alleged as if fully restated herein.

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37. Defendant J&H has employed workers whose terms and conditions of employment are set 

forth in the CBAs.

38. Among the terms and conditions of employment in the CBAs is the requirement that J&H

make fringe benefit contributions to the Trusts on behalf of covered employees.

39. J&H has failed to timely make certain fringe benefit contributions to the Trusts on behalf 

of their covered employees, as is required by the terms of the Trust Agreements and the Collection 

Policy.

40. Defendant J&H’s failure and refusal to pay liquidated damages and interest as required 

under the Trust Agreements and Collection Policy is a violation of Section 515 of ERISA, 29 

U.S.C. §1145.

THE BENEFIT TRUST'S CLAIMS AGAINST DEFENDANT J&H

41. The allegations contained in the paragraphs of this Complaint immediately preceding this 

paragraph are alleged as if fully restated herein.

42. Article III of the Benefit Trust Agreement, to which J&H has agreed to be bound by virtue 

of signing the CBAs, requires that J&H pay liquidated damages and interest to the Benefit Trust if 

it delinquently remits contributions.

43. Further, the Collection Policy requires that J&H pay liquidated damages and interest to the 

Benefit Trust if it delinquently remits contributions.

44. Defendant J&H has failed and refused to make timely employer contributions to the Benefit 

Trust as is required by the Benefit Trust Agreement and the Collection Policy.

45. Upon information and belief, as a result of Defendant J&H’s failure and refusal to make 

timely employer contributions to the Benefit Trust, pursuant to Article III of the Benefit Trust 

Agreement, it owes to the Benefit Trust liquidated damages and interest, which have not been paid.

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46. Based on the documents and information that Defendant J&H has provided to the Trusts, 

it is known to owe the Benefit Trust $7,715.18 in liquidated damages and interest.

47. J&H has failed to submit contribution reports for work performed in November and 

December 2017, meaning there is an unknown amount of fringe delinquent contributions owed by 

J&H and as such amounts are past due, both liquidated damages and interest will be assessed upon 

their payment, the amount of which are also currently unknown.

48. The Benefit Trust has been forced to bring this legal action to collect the delinquent 

amounts owed by J&H, and the Benefit Trust is entitled to its costs and reasonable attorneys' fees 

pursuant to Article III, Section 8 of the Benefit Trust Agreement, and Section 502(g)(2)(D) of 

ERISA, 29 U.S.C. § 1132(g)(2)(D).

PENSION TRUST'S CLAIMS AGAINST DEFENDANT J&H

49. The allegations contained in the paragraphs of this Complaint immediately preceding this 

paragraph are alleged as if fully restated herein.

50. Article VIII of the Pension Trust Agreement, to which J&H has agreed to be bound by 

virtue of signing the CBAs, requires that J&H pay liquidated damages and interest to the Pension 

Trust if it delinquently remits contributions.

51. Further, the Collection Policy requires that J&H pay liquidated damages and interest to the 

Pension Trust if it delinquently remits contributions.

52. Defendant J&H has failed and refused to make timely employer contributions to the 

Pension Trust as is required by the Pension Trust Agreement and the Collection Policy.

53. Upon information and belief, as a result of Defendant J&H’s failure and refusal to make 

timely employer contributions to the Pension Trust, pursuant to Article VIII of the Pension Trust 

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Agreement, it owes to the Pension Trust liquidated damages and interest, which have not been 

paid.

54. Based on the documents and information that Defendant J&H has provided to the Trusts, 

it is known to owe the Pension Trust $9,413.74 in liquidated damages and interest.

55. J&H has failed to submit contribution reports for work performed in November and 

December 2017, meaning there is an unknown amount of fringe delinquent contributions owed by 

J&H and as such amounts are past due, both liquidated damages and interest will be assessed upon 

their payment, the amount of which are also currently unknown.

56. The Pension Trust has been forced to bring this legal action to collect the delinquent 

amounts owed by J&H, and the Pension Trust is entitled to its costs and reasonable attorneys' fees 

pursuant to Article VIII, Section 5 of the Pension Trust Agreement, and Section 502(g)(2)(D) of 

ERISA, 29 U.S.C. § 1132(g)(2)(D).

ANNUITY TRUST'S CLAIMS AGAINST DEFENDANT J&H

57. The allegations contained in the paragraphs of this Complaint immediately preceding this 

paragraph are alleged as if fully restated herein.

58. Article VIII of the Annuity Trust Agreement, to which J&H has agreed to be bound by 

virtue of signing the CBAs, requires that J&H pay liquidated damages and interest to the Annuity 

Trust if it delinquently remits contributions.

59. Further, the Collection Policy requires that J&H pay liquidated damages and interest to the 

Annuity Trust if it delinquently remits contributions.

60. Defendant J&H has failed and refused to make timely employer contributions to the 

Annuity Trust as is required by the Annuity Trust Agreement and the Collection Policy.

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61. Upon information and belief, as a result of Defendant J&H’s failure and refusal to make

timely employer contributions to the Annuity Trust, pursuant to Article VIII of the Annuity Trust 

Agreement, it owes to the Annuity Trust liquidated damages and interest, which have not been 

paid.

62. Based on the documents and information that Defendant J&H has provided to the Trusts, 

it is known to owe the Annuity Trust $4,265.23 in liquidated damages and interest.

63. J&H has failed to submit contribution reports for work performed in November and 

December 2017, meaning there is an unknown amount of fringe delinquent contributions owed by 

J&H and as such amounts are past due, both liquidated damages and interest will be assessed upon 

their payment, the amount of which are also currently unknown.

64. The Annuity Trust has been forced to bring this legal action to collect the delinquent 

amounts owed by J&H, and the Annuity Trust is entitled to its costs and reasonable attorneys' fees 

pursuant to Article VIII, Section 5 of the Annuity Trust Agreement, and Section 502(g)(2)(D) of 

ERISA, 29 U.S.C. § 1132(g)(2)(D).

PLAINTIFFS ARE EMPOWERED BY ERISA TO REQUIRE DEFENDANT J&H TO 

SUBMIT TO AN AUDIT

65. The allegations contained in the paragraphs of this Complaint immediately preceding this 

paragraph are alleged as if fully restated herein.

66. Pursuant to Trust Agreements and Collection Policy, Defendant J&H is required to allow 

Plaintiffs’ authorized agent(s) access to their payroll records for the purpose of a payroll audit.

67. Plaintiffs are seeking to enforce the terms of said Trust Agreements and Collection Policy 

pursuant to Section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3), by obtaining an order requiring 

J&H to provide access to such records and submit to an audit if Plaintiffs’ board of trustees 

determine such action is necessary.

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COUNT II- DEFENDANT J&H’S FAILURE TO TIMELY REMIT CONTRIBUTIONS 

OR TO PAY ALL OWED LIQUIDATED DAMAGES AND INTEREST ARE A 

VIOLATION OF THE LMRA, 29 U.S.C. §185

A. Defendant J&H Failed to Pay Liquidated Damages and Interest to Plaintiffs in 

violation of the CBAs, which Incorporate the Trust Agreements, Thereby 

Violating the LMRA

68. The allegations contained in the paragraphs of this Complaint immediately preceding this 

paragraph are alleged as if fully restated herein.

69. Pursuant to the CBAs, Defendant J&H agreed to be bound to the Trust Agreements and 

Collection Policy.

70. Pursuant to the Trust Agreements, which are incorporated into the CBAs, Defendant J&H 

is obligated to timely make all fringe benefit contributions and a failure to timely remit all 

contributions results in the assessment of liquidated damages and interest.

71. By failing to timely remit all fringe benefit contributions and pay the required liquidated 

damages and interest due under the Trust Agreements and Collection Policy, Defendant J&H has 

violated the CBAs which incorporate the Trust Agreements and thereby incorporating the 

Collection Policy. 

72. Defendant J&H’s failure to timely remit all fringe benefit contributions and pay the 

required liquidated damages and interest in accordance with the CBAs are violations of Section 

301 of the LMRA, 29 U.S.C. §185.

B. Plaintiffs are Empowered by the CBAs and the LMRA to Require Defendant J&H

to Submit to, and Pay for, an Audit

73. The allegations contained in the paragraphs of this Complaint immediately preceding this 

paragraph are alleged as if fully restated herein.

74. Pursuant to the CBAs, Defendant J&H agreed to be bound to the Trust Agreements and 

Collection Policy.

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75. Pursuant to the Trust Agreements, the Plaintiffs may require J&H to submit to an audit. If 

the audit finds J&H delinquent in remitting contributions for any reason, it is liable for all costs 

associated with the audit.

76. Plaintiffs are seeking an order to require Defendant J&H to abide by the terms of the CBAs 

and require J&H to submit to an audit, if Plaintiffs determine such action is necessary, and finding 

any refusal to submit to said audit by J&H to be a violation of Section 301 of the LMRA, 29 U.S.C. 

§185.

COUNT III –DEFENDANT DONALD A. HADSELL BREACHED HIS FIDUCIARY 

DUTIES IN VIOLATION OF SECTION 409 OF ERISA, 29 U.S.C. § 1109

77. The allegations contained in the paragraphs of this Complaint immediately preceding this 

paragraph are alleged as if fully restated herein.

78. Upon information and belief, Mr. Hadsell is the principal officer of J&H.

79. Upon information and belief, Mr. Hadsell is J&H’s principal shareholder.

80. Upon information and belief, Mr. Hadsell has a controlling ownership interest in J&H.

81. Upon information and belief, Mr. Hadsell has authority to contractually bind J&H.

82. Upon information and belief, Mr. Hadsell has authority to spend money on behalf of J&H.

83. Upon information and belief, Mr. Hadsell is authorized to sign checks on behalf of J&H.

84. Upon information and belief, Mr. Hadsell chooses to pay other creditors, including himself, 

rather than contributions owed to Plaintiffs by J&H.

85. J&H has failed to pay timely remit fringe benefit contributions leading to the assessment 

of liquidated damages and interest which J&H refuses to pay. Further, J&H has failed to timely 

remit fringe benefit contributions for November and December 2017.

86. Upon information and belief, Mr. Hadsell is responsible for the timely submission of the 

hourly contribution reports to the Plaintiffs and was responsible for the delinquent submissions of 

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the same.

87. Upon information and belief, at all relevant times herein, Mr. Hadsell has the power and 

authority to pay J&H’s creditors, including Plaintiffs.

88. Upon information and belief, at all relevant times herein, Mr. Hadsell has exercised his 

authority and control with respect to J&H’s finances, including making determinations as to which 

creditors would be paid and in what order.

89. Upon information and belief, at all relevant times herein, Mr. Hadsell directly and 

personally determined that J&H would not pay Plaintiffs owed fringe benefit contributions,

liquidated damages, and interest.

90. Upon information and belief, at all relevant times herein, Mr. Hadsell determined that 

J&H’s assets and monies would be used to pay other creditors, expenses, or that said assets and 

monies would be diverted to the general assets of J&H, or used for other purposes, besides paying 

its fringe benefit contributions, liquidated damages, and other amounts owed to Plaintiffs.

91. Upon information and belief, at all relevant times Mr. Hadsell directly and personally 

determined that J&H’s assets would be used for purposes other than the sole and exclusive purpose 

of providing benefits to Plaintiffs’ participants and beneficiaries, defraying Plaintiffs’ reasonable 

expenses, and paying the required contributions, interest, and liquidated damages to Plaintiffs on 

behalf of their participants.

92. Upon information and belief, Mr. Hadsell is a fiduciary under Article III, Section 10 of the 

Benefit Trust Agreement, Article VIII, Section 10 of the Pension Trust Agreement and Annuity 

Trust Agreement, and under Section 3(21)(A)(i) of ERISA, 29 U.S.C. § 1002(21)(A)(i) because

he exercises (or because he has exercised) discretionary authority and control over J&H and its 

financial assets, which should have been used to pay amounts owed to Plaintiffs. J&H’s financial 

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assets have not been applied to satisfy fringe benefit contributions, liquidated damages, and other 

monetary amounts that are owed to Plaintiffs, which remain outstanding as alleged herein.

93. J&H possesses Plaintiffs’ Fund Assets, which it is wrongfully withholding without cause 

at the behest of Mr. Hadsell.

94. Upon learning of J&H’s delinquency and possession of Plaintiffs’ Fund Assets, Mr. 

Hadsell has not taken any corrective action.

95. Mr. Hadsell owes fiduciary duties to Plaintiffs and their participants, with such duties being 

set forth in Sections 404(a), 406, and 408 of ERISA, 29 U.S.C. §§ 1104(a), 1106, and 1108.

96. Upon information and belief, Mr. Hadsell grossly and deliberately breached his fiduciary 

duties to Plaintiffs by failing to make J&H remit employer contributions, interest, and liquidated 

damages to Plaintiffs, and by diverting such amounts for other purposes. In so doing, Mr. Hadsell:

failed to discharge his fiduciary duties with respect to Plaintiffs solely in the interest 

of the participants and beneficiaries of the plans: (i) in violation of Section 

404(a)(1) of ERISA, 29 U.S.C. §1104(a)(1); (ii) for the exclusive purpose of 

providing benefits to the participants and beneficiaries of those plans, in violation 

of Section 404(a)(1)(A)(i) of ERISA, 29 U.S.C. §1104(a)(1)(A)(i); and (iii) in 

accordance with the documents and instruments governing those plans, in violation 

of Section 404(a)(1)(D) of ERISA, 29 U.S.C. §1104(a)(1)(D); caused Plaintiffs’ 

participants to suffer a loss of benefits and rights to which they were entitled under 

the terms of Plaintiffs’ plans.

97. Upon information and belief, by the aforementioned acts, errors, and omissions described 

herein, Mr. Hadsell has breached his fiduciary duties to Plaintiffs. Pursuant to Section 409(a) of 

ERISA, 29 U.S.C. § 1109, Hadsell is personally liable to make good to Plaintiffs and their 

participants for all losses resulting from such breaches.

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COUNT IV – DEFENDANT HADSELL ENGAGED IN ONE OR MORE THAN ONE

PROHIBITED TRANSACTIONS

98. The allegations contained in the paragraphs of this Complaint immediately preceding this 

paragraph are alleged as if fully restated herein.

99. Mr. Hadsell, in his capacity as a fiduciary to Plaintiffs and as an officer/shareholder of 

J&H, is a party in interest to Plaintiffs as set forth in Section 3(14) of ERISA, 29 U.S.C. § 1002(14).

100. J&H is required to contribute to Plaintiffs, bound to the Trust Agreements, bound to the 

CBAs, as set forth above, and is a party in interest to Plaintiffs as set forth in Section 3(14) of 

ERISA, 29 U.S.C. § 1002(14).

101. Upon information and belief, by diverting, permitting, or allowing the diversion of 

employer fringe benefit contributions and other monies from Plaintiffs that could have been 

applied to satisfy J&H’s delinquent fringe benefit contributions and other amounts owed to 

Plaintiffs, Mr. Hadsell dealt with Plaintiffs’ assets in his own interest or account or in the related 

interest or account of J&H over which he has authority and control, in violation of Section 406(b) 

of ERISA, 29 U.S.C. § 1006(b). 

102. Upon information and belief, by diverting, permitting, or allowing the diversion of 

employer fringe benefit contributions and other monies from Plaintiffs for his own interest or for 

the related interest of J&H, Mr. Hadsell engaged in prohibited transactions under ERISA.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs request that this honorable Court grant them the following relief: 

AS TO DEFENDANT J&H

1. A declaratory judgment against J&H, finding it bound to the CBAs, the Trust 

Agreements, and the Collection Policy.

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2. A monetary judgment against J&H in favor of Plaintiffs for all known and owed 

liquidated damages and interest of $16,067.73.

3. A monetary judgment against J&H in favor of Plaintiffs for the attorneys’ fees and 

other costs Plaintiffs incurred in pursuance of this action.

4. A permanent injunction against J&H be issued pursuant to Section 502(g)(2)(E) of 

ERISA prohibiting future violations of Section 515 of ERISA, 29 U.S.C. §1145 with respect to 

the Trusts.

5. A declaratory order from this Court requiring J&H to timely submit all missing 

contribution reports and to timely submit all such reports in the future.

6. A monetary judgment against J&H for all unpaid fringe benefit contributions, 

interest, and liquidated damages.

7. A declaratory order from this Court requiring J&H to comply with the Trusts’ 

auditor’s request to examine and review the documents necessary to complete a payroll audit, 

should the Trusts’ Board of Trustees determine it is necessary.

8. An order directing disgorgement of all ill-gotten gains by J&H, including employer 

contributions that have been wrongfully withheld from the Funds.

9. Post-judgment interest pursuant to 28 U.S.C. §1961.

10. Such other legal or equitable relief as this Court deems appropriate.

AS TO DEFENDANT HADSELL

1. A declaratory order finding that Mr. Hadsell has breached his fiduciary duties owed 

to Plaintiffs.

2. A declaratory order finding that Mr. Hadsell has engaged in prohibited transactions 

under ERISA.

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3. A declaratory order finding that Mr. Hadsell is jointly and severally liable with J&H

to reimburse the Trusts for all losses resulting from each such breach pursuant to Section 409(a) 

of ERISA, 29 U.S.C. §1109(a), including all delinquent fringe benefit contributions, interest, 

liquidated damages, costs, and attorneys’ fees, with such known amounts totaling $16,067.73 owed

to Plaintiffs.

4. A monetary judgment against Mr. Hadsell in favor of Plaintiffs for all unpaid 

liquidated damages and interest owed by J&H, as alleged above.

5. An order directing an accounting of all of J&H’s delinquent contributions that have 

not been paid to the Trusts due to Mr. Hadsell’s orders or direction, and an accounting of all losses 

suffered by the Trusts and their participants as a result of Mr. Hadsell’s fiduciary breaches and 

prohibited transactions, with costs of such accounting to be paid by Mr. Hadsell.

6. A monetary judgment against Mr. Hadsell in favor of Plaintiffs for the attorneys’ 

fees and other costs Plaintiffs incurred in pursuance of this action.

7. A monetary judgment directing Mr. Hadsell to pay to the Trusts all amounts 

required to recover the losses suffered by the Trusts and their participants, including all rights and 

benefits to which such participants were entitled to under the Trusts’ plans of benefits, as a result 

of his breaches of fiduciary duty and prohibited transactions.

8. An order directing disgorgement of all ill-gotten gains by Mr. Hadsell, including 

employer contributions that have been wrongfully withheld from the Trusts.

9. Post-judgment interest pursuant to 28 U.S.C. § 1961.

10. Such other relief as the Court may deem equitable and just under the circumstances.

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11. That this Court retain jurisdiction of this cause pending compliance by the 

Defendants with its orders.

Respectfully submitted,

/s/ Joseph C. Hoffman, Jr.

Joseph C. Hoffman, Jr. (Ohio Reg. No. 0056060)

Joseph D. Mando (Ohio Reg. No. 0082835)

Matthew T. Hurm (Ohio Reg. No. 0088818)

Faulkner, Hoffman & Phillips, LLC

20445 Emerald Parkway Dr., Suite 210

Cleveland, Ohio 44135-6029

Phone: (216) 781-3600

Fax: (216) 781-8839

Email: hoffman@fhplaw.com

Email: mando@fhplaw.com

Email: hurm@fhplaw.com

Attorneys for Plaintiffs Iron Workers District Council of 

Southern Ohio & Vicinity Benefit Trust, et al.

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CERTIFICATE OF SERVICE

I hereby certify that on this 16th day of January, 2018, a copy of the foregoing complaint 

was served via certified mail pursuant to Section 502(h) of ERISA, 29 U.S.C. § 1132(h) on the 

following: 

Secretary of the Treasury 

Internal Revenue Service 

1111 Constitution Avenue, N.W., Room 4428

Washington, D.C. 20224

Attention: Employee Plans

Secretary of Labor

200 Constitution Avenue, N.W. 

Washington, D.C. 20210

Attention: Assistant Solicitor for 

Plan Benefits Security

Respectfully submitted, 

/s/ Joseph C. Hoffman, Jr.

Joseph C. Hoffman, Jr. (Ohio Reg. No. 0056060)

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