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 )

MONEY PURCHASE PLAN ) CASE NO.: 2:15-cv-446

Plaintiffs, )

)

v. )

)

TGB UNLIMITED INC. d/b/a S/T ) 

BANCROFT ELECTRIC )

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, TGB Unlimited Inc. d/b/a S/T Bancroft Electric 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 

USDC IN/ND case 2:15-cv-00446-TLS-PRC document 1 filed 12/09/15 page 1 of 5
2

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. TGB Unlimited Inc. d/b/a S/T Bancroft Electric (“Bancroft”) is an Indiana 

corporation, whose principal place of business is in South Bend, Indiana.

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

§ 1002(5).

FACTUAL ALLEGATIONS

6. At all relevant times Bancroft was a party to a Collective Bargaining Agreement 

(“CBA”) with IBEW Local 153 (hereinafter “the Union”).

USDC IN/ND case 2:15-cv-00446-TLS-PRC document 1 filed 12/09/15 page 2 of 5
3

7. Bancroft also signed 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. Bancroft 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 required Bancroft 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 3.5 Collection of Contributions:

The Trustees may at any time have an audit made by an independent certified public 

accountant of the payroll, wage and other relevant financial records of the Employer 

in connection with the contributions and reports due from such Employer under this 

Agreement. In the event such audit shows the Employer has not made the required 

contributions, then such Employer shall be obligated to pay all auditing fees and 

other costs incurred by the Trustees in connection with such audit in addition to all 

other payments due by such Employer. 

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, in equity 

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. Bancroft 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 contributions owed to Plaintiffs’

funds, as set forth in a payroll audit for the period of January 2014 through April 2015.

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

continuing and irreparable injury and damage unless Defendant is ordered to specifically perform 

USDC IN/ND case 2:15-cv-00446-TLS-PRC document 1 filed 12/09/15 page 3 of 5
4

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

ancillary costs.

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):

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 pursuant to the audit report; 

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, 

including costs of the payroll audit; 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

USDC IN/ND case 2:15-cv-00446-TLS-PRC document 1 filed 12/09/15 page 4 of 5
5

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 

USDC IN/ND case 2:15-cv-00446-TLS-PRC document 1 filed 12/09/15 page 5 of 5