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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CENTRAL STATES JOINT BOARD HEALTH 

& WELFARE FUND; MIDWEST PENSION 

PLAN; and PLASTIC WORKERS UNION

LOCAL NO. 18, AFL-CIO

Plaintiffs, 

vs. 

APOLLO PLASTICS CORPORATION, an

Illinois Corporation,

Defendant. 

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CASE NO.: 20-cv-1894

JUDGE:

MAGISTRATE JUDGE:

COMPLAINT

NOW COME the Plaintiffs, the CENTRAL STATES JOINT BOARD HEALTH & 

WELFARE FUND (“WELFARE FUND”), the MIDWEST PENSION PLAN (“PENSION 

PLAN”), and the PLASTIC WORKERS UNION, LOCAL NO. 18, AFL-CIO (“LOCAL 18”), by 

and through their attorneys, JOHNSON & KROL, LLC, complaining of the Defendant APOLLO 

PLASTICS CORPORATION (“APOLLO”) and allege as follows:

JURISDICTION AND VENUE

1. This action arises under Sections 502 and 515 of the Employee Retirement Income Security 

Act (hereinafter referred to as “ERISA”) (29 U.S.C. §§ 1132 and 1145) and Section 301 of 

the Labor-Management Relations Act (29 U.S.C. § 185). The Court has jurisdiction over 

the subject matter of this action pursuant to 29 U.S.C. §§ 185, 1132(e)(1) and 1145, and 28 

U.S.C. § 1331.

2. Venue is proper in this Court pursuant to 29 U.S.C. § 1132(e)(2) in that the WELFARE 

FUND and PENSION PLAN are administered at 245 Fencl Lane, Hillside, Illinois, 60162, 

and pursuant to 28 U.S.C. § 1391(b)(2) in that a substantial part of the events or omissions 

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giving rise to Plaintiffs’ claims occurred in the Northern District of Illinois, Eastern 

Division.

PARTIES

3. The WELFARE FUND and the PENSION PLAN (hereinafter collectively referred to as 

“FUNDS”) receive contributions from numerous employers pursuant to Collective 

Bargaining Agreements with LOCAL 18 and Chemical and Production Workers Union 

Local No. 30, locals of the International Union of Allied Novelty & Production Workers, 

and AFL-CIO, and therefore, are multiemployer plans under 29 U.S.C. § 1002.

4. The FUNDS are administered pursuant to the terms and provisions of Agreements and 

Declaration of Trust (the “Trust Agreements”).

5. LOCAL 18 is an unincorporated voluntary association with its principal place of business 

located at 245 Fencl Lane, Hillside, Illinois, 60162. LOCAL 18 is a labor organization as 

defined under Section 301 of the Labor-Management Relations Act (29 U.S.C. § 185).

6. LOCAL 18 is the bargaining representative of Defendant APOLLO’s bargaining-unit 

employees.

7. Defendant APOLLO is an Illinois corporation with its principal place of business located 

at 5333 N. Elston in Chicago, Illinois. 

COUNT I

BREACH OF CONTRACT

8. Plaintiffs re-allege and incorporate the allegations contained in paragraphs 1-7 of this 

Complaint with the same force and effect as if fully set forth herein.

9. APOLLO is an employer engaged in an industry affecting commerce.

10. For the period of June 1, 2013, through May 31, 2016, and again for the period of June 1, 

2016, through May 31, 2019, APOLLO entered into consecutive collective bargaining 

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agreements (the “2013 CBA” and the “2016 CBA”) with LOCAL 18, regarding 

APOLLO’s production and maintenance employees. (A copy of the 2013 CBA is attached 

hereto as Exhibit 1); (A copy of the 2016 CBA is attached hereto as Exhibit 2).

11. Article II of the both the 2013 CBA and 2016 CBA pertained to “all production and 

maintenance employees of [APOLLO], now employed and hereinafter employed, 

excluding Foremen, Foreladies, Office and Clerical employees, Supervisory, 

Administrative, Professional, employees excluded by law, and employees belonging to 

other Unions that have collective bargaining contracts with [APOLLO]. [LOCAL 18] 

agrees to accept into its membership each and all of the present and future employees of 

[APOLLO] who come under the jurisdiction of this Agreement.”

12. Through the 2013 CBA and 2016 CBA, Defendant APOLLO became bound by the 

provisions of the FUNDS’ respective Trust Agreements.

13. Pursuant to provisions of the 2013 CBA, 2016 CBA, and Trust Agreements, Defendant 

APOLLO is required to make monthly reports of hours worked by covered employees and 

remit contributions on behalf of their bargaining-unit employees to the FUNDS.

14. Pursuant to the provisions of the 2013 CBA and 2016 CBA, Defendant APOLLO is also 

required to make monthly reports of hours worked by covered bargaining-unit employees 

and deduct union dues and initiation fees from its covered employees’ wages, which are to 

be paid to LOCAL 18.

15. The monthly reports, contributions, union dues and initiation fees required be paid as set 

forth in paragraphs 13 and 14 above during all times relevant were due on or before the 

10th day of the month following the month in which the hours were worked.

16. Pursuant to Section 502(g)(2) of ERISA, the 2013 CBA, 2016 CBA, and the Trust 

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Agreements, employers who fail to remit their monthly contribution reports and 

contributions to the on a timely basis are responsible for the payment of liquidated damages

to the WELFARE FUND and PENSION PLAN equal to ten percent (10%) of the amount 

of unpaid contributions, plus any reasonable attorney’s fees and costs of maintaining suit.

17. Pursuant to the 2013 CBA and 2016 CBA, employers who fail to remit payment of 

contributions to the FUNDS, as well as union dues and initiation fees to LOCAL 18 on a 

timely basis, are responsible for the payment of liquidated damages equal to one and onehalf percent (1.5%) of the amount of unpaid union dues and initiation fees for each month 

that the union dues and initiation fees remain outstanding. 

18. On January 18, 2018, Bansley and Kiener, L.L.P. (hereinafter “the Auditors”), Plaintiffs’ 

auditors, conducted a payroll compliance audit of APOLLO for the period of January 1, 

2014, through December 31, 2017, pursuant to the 2013 CBA, 2016 CBA, and the Trust 

Agreements.

19. On April 4, 2018, the Auditors issued their preliminary findings of the payroll compliance 

audit, which showed deficiencies to the FUNDS and LOCAL 18 totaling $2,660,351.00,

itemized as follows:

DEFICIENCY BY YEAR

Benefit 2014 2015 2016 2017 Total

Welfare 

Fund $417,054.00 $548,207.00 $636,141.00 $637100.00 $2,238,502.00

Pension 

Plan $51,822.00 $81,979.00 $88,342.00 $86,251.00 $308,394.00

Dues $20,181.00 $24,591.00 $30,141.00 $26,592.00 $101,505.00

Initiation 

Fees $6,250.00 $1,300.00 $1,900.00 $2,500.00 $11,950.00

Totals $495,307.00 $656,077.00 $756,524.00 $752,443.00 $2,660,351.00

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20. APOLLO has failed to remit the delinquent contributions revealed by the audit to the 

WELFARE FUND, PENSION PLAN, or LOCAL 18.

21. As a result of the failure to timely remit the contributions revealed by the audit, APOLLO 

owes liquidated damages to the FUNDS and LOCAL 18 as set forth in paragraphs 16 and 

17.

22. Plaintiffs have complied with all conditions precedent in bringing this suit. 

23. Defendant APOLLO is obligated to pay the audit costs incurred by the Plaintiffs pursuant 

to the terms of the 2013 CBA and 2016 CBA.

24. Defendant APOLLO is obligated to pay the reasonable attorney’s fees and court costs 

incurred by the Plaintiffs pursuant to Section 502(g)(2) of ERISA, 29 U.S.C. § 

1132(g)(2)(D). 

WHEREFORE, Plaintiffs respectfully request: 

A. That this Honorable Court enter Judgment in favor of Plaintiffs and against Defendant 

APOLLO in the aggregate amount of $2,660,351.00 for delinquent contributions to the 

FUNDS, as well as dues and initiation fees owed to LOCAL 18;

B. That Judgment be entered in favor of Plaintiffs and against Defendant APOLLO for

liquidated damages in an unknown amount;

C. That Judgment be entered in favor of the Plaintiffs and against Defendant APOLLO for 

audit fees of $12,025.00;

D. That Judgment be entered in favor of Plaintiffs and against Defendant APOLLO for any 

other contributions, union dues, initiation fees, liquidated damages, interest or audit fees 

that are found to be due and owing in addition to the amounts referenced in paragraph B 

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and C above;

E. That Defendant APOLLO be ordered to pay the reasonable attorney’s fees and costs 

incurred by the Plaintiffs pursuant to the 2013 CBA, 2016 CBA, Trust Agreements, and 29 

U.S.C. § 1132(g)(2)(D); and

F. That Plaintiffs have such other and further relief as the Court may deem just and equitable 

all at the Defendant’s cost, pursuant to 29 U.S.C. § 1132(g)(2)(E).

Respectfully submitted,

CENTRAL STATES JOINT BOARD 

HEALTH & WELFARE FUND et al.

By: /s/ Jeffrey A. Krol ARDC# 6300262

One of Plaintiffs’ Attorneys

Jeffrey A. Krol 

JOHNSON & KROL, LLC

311 South Wacker Drive, Suite 1050

Chicago, Illinois 60606

(312) 757-5465

jeffkrol@johnsonkrol.com

March 20, 2020

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