IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

GMP AND EMPLOYERS PENSION : CASE NO. 1:18-cv-00146

FUND, an Employee Benefit Plan, :

and BRUCE R. SMITH, as a Trustee :

of the Plan, :

205 West Fourth Street, Suite 225 :

Cincinnati, Ohio 45202, :

:

Plaintiffs, :

:

v. :

: COMPLAINT

WEST PHILA BRONZE CO., INC., :

A Pennsylvania corporation :

500 Concord Avenue :

Chester, PA 19016, :

:

Defendant. :

____________________________________________________________________

Plaintiffs, by their attorneys, Sebaly Shillito + Dyer, A Legal Professional Association, for 

their cause of action against Defendant, allege:

NATURE OF THE CASE

1. This action is brought by an Employee Benefit Plan and a Trustee of the Plan to 

collect delinquent contributions, interest, liquidated damages, attorneys' fees, and court costs from an 

employer that has failed to make timely contributions to the Plan pursuant to the terms of its

collective bargaining agreement and the applicable provisions of federal law.

PARTIES

2. GMP and Employers Pension Plan (the "Plan") is a trust fund established in 

accordance with the provisions of Section 302(c) of the Labor Management Relations Act of 1947

(the "LMRA"), 29 U.S.C. § 186(c), and is administered by a joint Board of Trustees composed 

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equally of representatives of management and labor organizations. The Plan is an "employee benefit 

plan", as the term is defined in Section 3(3) of the Employee Retirement Income Security Act of 

1974 ("ERISA"), 29 U.S.C. § 1002(3), and is administered at 205 West Fourth Street, Suite 225, 

Cincinnati, Ohio 45202. The Plan is a "multiemployer plan" as the term is defined in Section 3(37) 

of ERISA, as amended, 29 U.S.C. § 1002(37).

3. Bruce R. Smith is a Trustee of the Plan and is fiduciary with respect to the Plan, as 

provided in Section 3(21) of ERISA, 29 U.S.C. § 1002(21).

4. Defendant, West Phila Bronze Co. Inc., dba West Philadelphia Bronze Corp. ("West 

Philadelphia Bronze"), is a corporation organized and existing under the laws of the state of 

Pennsylvania, with its principal place of business located at 500 Concord Avenue, Chester, 

Pennsylvania 19016.

JURISDICTION AND VENUE

5. West Philadelphia Bronze is engaged in an industry affecting commerce for purposes 

of Section 101(7) of the LMRA, 29 U.S.C. § 152(7), and Section 4(a) of ERISA, 29 U.S.C. § 

1003(a).

6. Jurisdiction is based on Section 30l of the LMRA, 29 U.S.C. § 185, and Section 502 

of ERISA, 29 U.S.C. § 1132. This action involves the enforcement of the provisions of Section 515 

of ERISA, 29 U.S.C. § 1145.

7. Pursuant to Section 502(e)(2) of ERISA, 29 U.S.C. § 1132(e)(2), this action is 

properly venued in the Southern District of Ohio, where the Plan is administered.

CAUSE OF ACTION

8. The allegations of Paragraphs 1 through 7 are incorporated herein by reference as if 

fully restated.

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9. West Philadelphia Bronze is a party to a collective bargaining agreement (the 

"CBA"), which CBA requires West Philadelphia Bronze to make contributions to the Plan for the 

benefit of its employees.

10. Section 515 of ERISA, 29 U.S.C. § 1145, provides that every employer that is 

obligated to make contributions to a multiemployer plan under the terms of the plan or under the 

terms of a collectively bargained agreement shall make such contributions in accordance with the 

terms and conditions of such plan or such agreement.

11. Section 502(g)(2) of ERISA, 29 U.S.C. § 1132(g)(2), provides that in an action by a 

fiduciary to enforce Section 515 of ERISA, 29 U.S.C. § 1145, in which a judgment in favor of the 

plan is awarded, the court shall award the plan (a) the unpaid contributions; (b) interest on the 

unpaid contributions at the rate provided by the plan; (c) an additional amount equal to the greater of 

interest on the unpaid contributions at the rate provided by the plan or liquidated damages in an 

amount not in excess of twenty percent (20%) of the amount of unpaid contributions; (d) reasonable 

attorneys' fees and the costs of the action; and (e) such other legal or equitable relief as the Court 

deems appropriate.

12. West Philadelphia Bronze has breached the Bargaining Agreement and has violated 

Section 515 of ERISA, 29 U.S.C. § 1145, by failing to make timely contributions to the Plan for the 

benefit of its employees.

13. West Philadelphia Bronze has failed to remit reports for January 2018.

14. The Plan anticipates that by the time judgment is rendered in the herein action, West 

Philadelphia Bronze will owe the Plan an additional amount in delinquent contributions.

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15. West Philadelphia Bronze has a history of failing to timely pay contributions to the 

Plan and, therefore, it is reasonable to assume that West Philadelphia Bronze will continue to fail to 

make its contributions to the Plan.

16. In addition to the unpaid contributions, Plaintiffs are entitled to collect from West 

Philadelphia Bronze the following amounts pursuant to Section 502(g) of ERISA, 29 U.S.C. § 

1132(g):

(a) interest on the unpaid contributions at the rate of eight percent (8%) per 

annum until all unpaid contributions are paid in full;

(b) an additional amount equal to the greater of interest on the unpaid 

contributions at the rate of eight percent (8%) per annum or liquidated damages in the 

amount of twenty percent (20%) of the amount of unpaid contributions awarded by this 

Court; and

(c) reasonable attorneys' fees and the costs of this action.

WHEREFORE, Plaintiffs request:

1. Judgment against West Philadelphia Bronze Corporation in an amount equal to the 

entire amount of unpaid contributions that is determined to be owing as of the date judgment is 

rendered;

2. Interest and liquidated damages with respect to the unpaid contributions as required 

by law;

3. Attorneys' fees and the costs of this action as required by law;

4. An order enjoining West Philadelphia Bronze from failing to remit to the Plan on a 

timely basis all reports of hours and contributions required by the CBA and by law; 

5. This Court retain jurisdiction over this cause pending compliance with all Orders; and

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6. Such other legal or equitable relief as the Court deems appropriate.

Respectfully submitted,

/s/ Joshua R. Schierloh 

Gale S. Finley (#0016513)

Joshua R. Schierloh (#0078325)

SEBALY SHILLITO + DYER

A Legal Professional Association

1900 Kettering Tower

40 North Main Street

Dayton, Ohio 45423

(937) 222-2054

(937) 222-6554 (fax)

gfinley@ssdlaw.com

jschierloh@ssdlaw.com

Attorneys for Plaintiffs

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing Complaint was forwarded to the Honorable R. 

Alexander Acosta, Secretary of Labor, Department of Labor, 200 Constitution Avenue, N.W., 

Washington, D.C. 20210, by certified mail, and to the Honorable Jacob J. Lew, Secretary of the 

Treasury, Department of the Treasury, 1500 Pennsylvania Avenue, N.W., Washington, D.C. 20220, 

by certified mail on this 28th day of February, 2018.

/s/ Joshua R. Schierloh

Joshua R. Schierloh

2886584.1

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