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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

TRUSTEES OF THE TEAMSTERS UNION )

NO. 142 PENSION FUND, TRUSTEES OF THE )

TEAMSTERS UNION LOCAL NO. 142 )

TRAINING AND APPRENTICESHIP TRUST )

FUND, and TRUSTEES OF THE TEAMSTERS )

UNION LOCAL NO. 142 ANNUITY FUND ) CASE NO.: 2:16-cv-11

Plaintiffs, )

)

v. )

)

UNDERGROUND INCORPORATED )

Defendant. )

COMPLAINT

The Trustees of the Teamsters Union No. 142 Pension Fund, Trustees of the Teamsters 

Union Local No. 142 Training and Apprenticeship Trust Fund, and Trustees of the Teamsters 

Union Local No. 142 Annuity Fund, by their undersigned attorney, hereby complain of Defendant,

Underground Incorporated 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). 

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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 at 1300 

Clark Road, Gary, 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 Teamsters Union No. 142 Pension Fund, Trustees 

of the Teamsters Union Local No. 142 Training and Apprenticeship Trust Fund, and Trustees of 

the Teamsters Union Local No. 142 Annuity Fund (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. Underground Incorporated (“Underground”) is an Indiana corporation, whose 

principal place of business is in Hobart, Indiana.

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5. Underground is an “employer” within the meaning of Section 3(5) of ERISA, 29 

U.S.C. § 1002(5).

FACTUAL ALLEGATIONS

6. Underground is a party to a Collective Bargaining Agreement with Local No. 142 

of the International Brotherhood of Teamsters, AFL-CIO (hereinafter “the Union”).

7. Underground employs and has employed persons represented for collective 

bargaining purposes by the Union and agreed to be bound by the Collective Bargaining Agreement, 

and agreements referred to therein.

8. The Collective Bargaining Agreement requires Underground to make periodic 

contributions on behalf of its employees to the Funds, in amounts established by the applicable 

Collective Bargaining Agreement.

9. The Collective Bargaining Agreement further provides that the Funds were created 

by and maintained pursuant to the Restated Agreement and Declaration of Trust (“Trust 

Agreement”) pursuant to collective bargaining agreements between certain employers and the 

union. 

10. The Trust Agreement provides in Article VI, in pertinent part:

6.02 The Trustees, in their fiduciary capacities, shall have the 

power to demand and collect the Contributions of the Employers to 

the Trust. The Trustees may take any and all steps, including the 

institution and prosecution of and intervention in any legal 

proceeding, that may be necessary or desirable to effectuate the 

collection or preservation of Contributions or other moneys which 

may be due and owing to the Trust...

6.03 The Trustees shall have the right to have payroll records of 

any Employer audited by a reputable firm of certified public 

accountants... [I]f the Employer is found to be delinquent in 

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Employer Contributions, the Employer shall pay the cost of such 

audit.

6.04 An Employer delinquent in making Employer Contributions 

shall be obligated to pay interest on all moneys due the Trust at such 

rates as the Trustees shall from time to time determine or, if no such 

interest rate has been determined by them, at the interest rate 

assessed from time to time under the Internal Revenue Code on 

delinquent income taxes, which rate shall be applied in a uniform 

and non-discriminatory manner, together with all expenses of 

collection incurred by the Trustees, including costs and legal fees.

....

6.05 The Trustees shall have the authority to assess liquidated 

damages against an Employer who is delinquent in making 

Employer Contributions. This charge shall be in an amount that 

the Trustees shall from time to time determine and shall constitute 

liquidated damages and not a penalty, it being agreed that the trust 

in fact sustains actual damages as a result of such delinquencies and 

it being further agreed that the amount and extent of such damages 

are difficult if not impossible to ascertain.

....

6.07 Each Employer shall promptly furnish to the Trustees, on 

demand, the names of its Employees, their Social Security numbers, 

the hours worked by each Employee and such other information as 

the Trustees may reasonably require in connection with the 

administration of the Trust. The Trustees may, by their 

representatives, examine the pertinent records of each Employer at 

the Employer's place of business whenever such examination is 

deemed necessary or advisable by the Trustees in connection with 

the proper administration of the Trust...

11. Underground has violated its obligations under the Collective Bargaining 

Agreement, 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 

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make the required contributions, beginning with contributions owed for September 2015 through 

the current time.

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 

all of its obligations required under the Collective Bargaining Agreement, specifically payment of 

all required Pension Fund, Training and Apprenticeship Trust Fund and Annuity Fund 

contributions.

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 submit to a payroll audit;

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

currently owed; 

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

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

of all delinquent contributions;

F. Ordering Defendant to pay to the Funds their reasonable attorneys' fees and costs, 

including costs of the payroll audit; and

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

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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 12th day of January, 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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