IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

TRUSTEES OF THE MICHIANA AREA )

ELECTRICAL WORKERS HEALTH & )

WELFARE FUND, TRUSTEES OF THE )

MICHIANA AREA ELECTRICAL WORKERS )

PENSION FUND and TRUSTEES OF THE )

MICHIANA AREA ELECTRICAL WORKERS ) CASE NO.: 2:15-cv-447

MONEY PURCHASE PLAN, )

Plaintiffs, )

)

v. )

)

CONVERGED COMMUNICATION PARTNERS INC., )

Defendant. )

COMPLAINT

The Trustees of the Michiana Area Electrical Workers Health & Welfare Fund, Trustees 

of the Michiana Area Electrical Workers Pension Fund and Trustees of the Michiana Area 

Electrical Workers Money Purchase Plan, by their undersigned attorney, hereby complain of 

Defendant, Converged Communication Partners Inc. as follows: 

JURISDICTION AND VENUE

1. This complaint is brought under, and this Court has jurisdiction pursuant to, Section 

502(a)(3), (e)(1), and (f) of the Employee Retirement Income Security Act of 1974 (hereinafter 

“ERISA”), 29 U.S.C. § 1132(a)(3), (e)(1), and (f); and Section 301(a) of the Labor Management 

Relations Act of 1947, (hereinafter “LMRA”), as amended, 29 U.S.C. § 185(a). 

2. This action may properly be brought in the Northern District of Indiana, and venue 

is proper in this district, pursuant to the provisions of Section 502(e)(2) of ERISA, 29 U.S.C. § 

1132(e)(2), and 29 U.S.C. § 1391(b) and (c), in that Plaintiffs’ Funds offices are located in South 

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Bend, Indiana, the Funds are administered in the Northern District of Indiana, and the claims of 

the Plaintiffs arose therein.

PARTIES

3. Plaintiffs are the Trustees of the Michiana Area Electrical Workers Health & 

Welfare Fund, Trustees of the Michiana Area Electrical Workers Pension Fund and Trustees of 

the Michiana Area Electrical Workers Money Purchase Plan (hereinafter the “Funds”), and are 

“fiduciaries” within the meaning of Sections 3(21)(a), 502(a)(3) and (g)(2) of ERISA, 29 U.S.C. 

§§ 102(21)(A), 1132(a)(3) and (g)(2). The Funds are “Employee Pension Benefit Plans” and 

“Pension Plans” within the meaning of Section 3(2) of ERISA, 29 U.S.C. § 1002(2), and are 

therefore “Employee Benefit Plans” and “Plans” within the meaning of Section 3(3) of ERISA, 29 

U.S.C. § 102(3). The Funds are also “multi-employer plans” within the meaning of Section 3(37) 

of ERISA, 29 U.S.C. § 1002(37). The Funds were established and are maintained by employers 

engaged in commerce or in an industry affecting commerce, and by an employee organization 

representing employees engaged in commerce and in an industry engaged in commerce, within the 

meaning of Section 4(a) of ERISA, 29 U.S.C. § 1003(A). 

4. Converged Communication Partners Inc. (“CCP”) is an Indiana corporation, whose 

principal place of business is in Mishawaka, Indiana.

5. CCP is an “employer” within the meaning of Section 3(5) of ERISA, 29 U.S.C. § 

1002(5).

FACTUAL ALLEGATIONS

6. CCP is a party to a Collective Bargaining Agreement (“CBA”) with IBEW Local 

153 (hereinafter “the Union”).

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7. CCP is also a party to an Assent of Participation Agreement, which is part of the 

Revised Agreement and Declaration of Trust establishing the Michiana Area Electrical Workers 

Pension Fund, as amended and/or restated. (“Trust Agreement”).

8. CCP employs and has employed persons represented for collective bargaining 

purposes by the Union and agreed to be bound by the CBA, and agreements referred to therein.

9. The CBA requires CCP to make periodic contributions on behalf of its employees 

to the Funds, in amounts established by the applicable CBA.

10. The Trust Agreement provides in pertinent part:

Section 3.1 Procedure for Payment:

Each Employer shall make prompt contributions to the Trust Fund in such 

amount and under the terms provided for in the applicable Collective Bargaining 

Agreements which are in effect from time to time between the Employers or their 

bargaining representatives and the Union, or in such amount and under such terms 

as may be agreed upon in writing between the Employer and the Union, provided 

that such contributions shall be subject to acceptance by the Trustees and shall be 

deposited by the Trustees to the credit of the Trust Fund in a bank or depository 

designated by the Trustees. The Employer agrees that there shall be an absolute 

obligation to the Trust Fund and such obligation shall not be subject to setoff or 

counterclaim which any Employer may have for any liability of the Union.

...

Section 3.3 Failure to Make a Requisite Contribution:

In the event that the contribution payments by an Employer are not received 

when due, there shall be assessed a late penalty in such amount as the Trustees may 

by resolution establish from time to time. The Employers party to or otherwise 

bound by this Agreement acknowledge that the liquidated damages may be used to 

defer administrative costs arising out of such delinquency and acknowledge the cost 

to be actual and substantial though difficult to ascertain; however, the Employers 

acknowledge these costs to be at a minimum of ten (10%) percent and waive the 

necessity of any additional proof thereof.

In addition, any Employer delinquent in the contributions required to be 

made under this Agreement shall also pay interest on the unpaid contributions at 

such rate as may be provided under applicable federal law, the costs of collection, 

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including court costs, attorney fees, audit costs, filing fees and any other reasonable 

expenses incurred by the Trustees. 

...

Section 3.5 Collection of Contributions:

...

The Trustees in their names as Trustees shall have the power to demand, 

collect, receive and hold Employer contributions and may take such steps, including 

the institution of prosecution of or the intervention in any proceeding at law, 

inequity (sic) or in bankruptcy as may be necessary or desirable to accomplish the 

collection of any Employer contribution.

Non-payment by any Employer, of any contribution or other monies owed 

to the Fund, shall not relieve any other Employer from his or its obligation to make 

required payments to the Trust Fund.

11. CCP has violated its obligations under the CBA, the terms of the Trust Agreement, 

Sections 502(a)(3) and 515 of ERISA, 29 U.S.C. § 1132(a)(3) and 1145, and Section 301(a) of 

LMRA, 29 U.S.C. § 185(a), in that it has failed to pay the required contributions to Plaintiffs’ 

Funds from June 2015 to current, as well as late penalties and other assessments. 

12. Plaintiffs are without an adequate remedy at law and will suffer immediate, 

continuing and irreparable injury and damage unless CCP is ordered to specifically perform all of 

its obligations required under the CBA, specifically payment of all required Fund contributions 

and assessments. 

WHEREFORE, Plaintiffs pray that the Court enter a Judgment and Order, pursuant to the 

provisions of Sections 502(a)(3) and (g)(2) of ERISA, 29 U.S.C. §§ 1132(a)(3) and (g)(2):

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A. Finding and declaring that Defendant is in violation of the Collective Bargaining 

Agreement, the Trust Agreement, Section 515 of ERISA, 29 U.S.C. § 1145 and Section 301(a) of 

LMRA, 29 U.S.C. § 185(a); 

B. Ordering Defendant to pay to the Funds all delinquent amounts and all amounts 

owed; 

C. Ordering Defendant to pay to the Funds interest on all delinquent contributions;

D. Ordering Defendant to pay to the Funds liquidated damages in the amount of 20% 

of all delinquent contributions;

E. Ordering Defendant to pay to the Funds their reasonable attorneys' fees and costs; 

and

F. Granting Plaintiffs such other and further relief as the Court may deem just.

By: /s/ Teresa A. Massa 

Teresa A. Massa, #16133-45

1158 W. Lincolnway, Ste. 2

Valparaiso, Indiana 46385

(219) 465-1766

Attorney for Plaintiffs

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing Complaint has been served by certified mail 

return receipt requested, as required by 502(h) of the Employee Retirement Income Security Act 

of 1974, 29 U.S.C. § 1132(h) this 9th day of December, 2015, on the following:

The Office of Division Counsel Secretary of Labor

Associate Chief Counsel (TE/GE) CC:TEGE 200 Constitution Ave., N.W.

Room 4300 Washington, D.C. 20210

1111 Constitution Ave. Attn: Asst Solicitor for Plan Benefits Security

Washington, D.C. 20224

 /s/ Teresa A. Massa 

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