UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

 LAFAYETTE DIVISION

TRUSTEES OF THE INDIANA STATE )

COUNCIL OF ROOFERS HEALTH AND )

WELFARE FUND, INTERNATIONAL UNION )

OF PAINTERS AND ALLIED TRADES )

GLAZIERS LOCAL UNION 387, )

INTERNATIONAL UNION OF PAINTERS )

AND ALLIED TRADES GLAZIERS LOCAL )

UNION 387 PENSION FUND, )

INTERNATIONAL UNION OF PAINTERS )

AND ALLIED TRADES GLAZIERS LOCAL )

UNION 387 SOUTHERN OHIO HEALTH AND )

WELFARE FUND, and INTERNATIONAL )

UNION OF PAINTERS AND ALLIED TRADES )

GLAZIERS LOCAL UNION 387 JOINT )

APPRENTICESHIP AND TRAINING )

COMMITTEE )

)

VS. ) CAUSE NO. 4:12-cv-0002-RLM-APR

)

ASI LIMITED )

AMENDED COMPLAINT

Plaintiffs, for their Amended Complaint against the Defendant, ASI Limited, state 

the following facts:

1. This is an action brought pursuant to Section 301 of the Labor 

Management Relations Act of 1947, 29 U.S.C. §185, and also Section 502 of the 

Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1132, to 

compel defendant to comply with the aforesaid Acts and the payments required under 

its Collective Bargaining Agreement.

2. Pursuant to said Acts, this Court has jurisdiction over the subject matter of 

this action and the parties hereto without regard to the amount in controversy or the 

citizenship of the parties.

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3. Plaintiff, Trustees of the Indiana State Council of Roofers Health and 

Welfare Fund, hereinafter called the "Welfare Plan", is a multi-employer employee 

benefit plan established and existing under the laws of the United States, and subject to 

the Employee Retirement Income Security Act of 1974 and may sue and be sued in its 

own name. It provides health, welfare and other benefits for employees of employers 

who contribute into said Plan pursuant to the requirements contained in the aforesaid 

Collective Bargaining Agreement between such employers and the Union.

4. Plaintiff, the Trustees of said Welfare Plan, are the Trustees of the Welfare 

Plan and have ultimate responsibility and control over the administration of the Welfare 

Plan.

5. Plaintiff, International Union of Painters and Allied Trades Glaziers Local 

387, is an unincorporated association which has a Collective Bargaining Agreement 

with the Defendant.

6. Plaintiff, International Union of Painters and Allied Trades Glaziers Local 

387 Pension Fund, is a jointly administered Taft-Hartley fund which is authorized to 

collect contributions pursuant to the Collective Bargaining Agreement between the 

Union and the Defendant.

7. Plaintiff, International Union of Painters and Allied Trades Glaziers Local 

387 Southern Ohio Health and Welfare Fund, is a jointly administered Taft-Hartley fund 

which is authorized to collect contributions pursuant to the Collective Bargaining 

Agreement between the Union and the Defendant.

8. Plaintiff, International Union of Painters and Allied Trades Glaziers Local 

387 Joint Apprenticeship and Training Committee, is a jointly administered Taft-Hartley 

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fund which is authorized to collect contributions pursuant to the Collective Bargaining 

Agreement between the Union and the Defendant.

9. The Defendant, ASI Limited, is a corporation, which at all times material 

herein was engaged in contracting business in the State of Indiana and other locations.

10. The Plaintiff, Trustees of the Indiana State Council of Roofers Health and 

Welfare Fund, has its principal place of business in Lafayette, Indiana and is the 

administrator for the collection of all funds required under the Collective Bargaining 

Agreement for the Health and Welfare Fund.

11. The breaches of the aforesaid contract and Plans occurred in the Northern 

District of Indiana and therefore the proper venue is in this District by virtue of 29 U.S.C.

§1132(e)(2).

12. The purpose of this action is to protect the interest of the employees for 

whom said benefits were established.

13. The Defendant signed an Agreement and contracted and agreed to be 

bound by, and become a party to, a Collective Bargaining Agreements on or about 

September 2, 2009.

14. By virtue of said Collective Bargaining Agreements, the Defendant agreed 

to make all payments called for therein for the health and welfare fund and agreed to 

make payments to the other plaintiffs for work as well.

15. Beginning in November, 2011, the Defendant breached the Collective 

Bargaining Agreements and Trust Agreements between the Defendant and the 

Plaintiffs.

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16. By the terms of said Agreements, Defendant agreed to make contributions 

and payments on behalf of the employees of the Defendant covered by said Collective 

Bargaining Agreements.

17. Defendant breached said Agreements in that it failed to make the 

necessary deductions and payments called for and set out in the aforesaid Agreements, 

to the Plaintiffs. 

18. In order to compel Defendant to comply with the aforesaid acts, the terms 

and provisions of the aforesaid Fund, and the aforesaid Collective Bargaining 

Agreements, Plaintiff employed Berger and Berger as attorneys to bring this suit; said 

attorneys have performed services and incurred expenses in so doing and will be 

required to perform further services and incur further expenses in prosecuting this 

action to judgment. ERISA specifically authorizes the recovery of costs and attorney 

fees. 29 U.S.C. §1132(g)(2).

19. Said breaches of contract by the Defendant have caused Plaintiffs, and 

the employees on whose behalf the Plaintiffs bring this action, substantial damages, 

including attorney fees, and are continuing and will cause substantial damages to them 

in the future.

WHEREFORE, Plaintiffs, request that they be awarded whatever damages, 

including attorney fees, which will compensate them for the Defendant's breaches of 

contract, that the Defendant be ordered to comply with said contracts and pay the 

amounts provided for in said contracts to Plaintiffs, and all other proper remedies, legal 

and equitable, plus interest and costs.

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Respectfully Submitted,

s/Charles L. Berger, Esq. 

CHARLES L. BERGER

A Member of the Firm of

BERGER AND BERGER

313 Main Street

Evansville, Indiana 47708

Telephone: (812) 425-8101

cberger@bergerlaw.com

Attorney No. 2698-82

CERTIFICATE OF SERVICE

I hereby certify that on this 27th day of February 2012, a copy of the foregoing 

document was filed electronically. Notice of this filing will be sent to the following parties 

by operation of the Court’s electronic filing system. Parties may access this filing 

through the Court’s system. For those parties who do not have access to the Court’s 

electronic filing system, a copy of the foregoing document has been served via the 

United States Postal Service.

William J. Tucker

Tuckers, Hester, LLC

429 North Pennsylvania Street

Indianapolis, Indiana 46204-1816

s/ Charles L. Berger, Esq.

Charles L. Berger

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