IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

TRUSTEES of the CHICAGO REGIONAL COUNCIL )

of CARPENTERS PENSION FUND, CHICAGO )

REGIONAL COUNCIL of CARPENTERS )

SUPPLEMENTAL RETIREMENT FUND, CHICAGO )

REGIONAL COUNCIL of CARPENTERS )

WELFARE FUND, and CHICAGO REGIONAL )

COUNCIL of CARPENTERS APPRENTICE and )

TRAINING PROGRAM, ) CIVIL ACTION

Plaintiffs, ) 

)

v. )

)

GLOBAL CONCRETE CORP. and )

CARMEN GRATACE, )

)

Defendants. )

COMPLAINT

Plaintiffs, Trustees of the Chicago Regional Council of Carpenters Pension Fund,

et al., by their attorney, Daniel P. McAnally, complain of the Defendants, GLOBAL

CONCRETE CORP. and CARMEN GRATACE, as follows:

1. This action arises under Section 502 of the Employee Retirement Income

Security Act, ERISA, 29 U.S.C. §1132, Section 301(a) of the Labor Management

Relations Act of 1947 ("LMRA"), as amended 29 U.S.C. § 185(a) and the Illinois Wage

Payment and Collection Act ("Wage Act"). 820 ILCS 115/1, et seq. Jurisdiction is

founded on the existence of questions arising there under and 28 U.S.C. §1367. 

2. The Plaintiffs ("Trust Funds") receive contributions from numerous

employers pursuant to Collective Bargaining Agreements between the employers and

the Chicago Regional Council of Carpenters, ("Union"), and therefore, are

multiemployer plans (29 U.S.C. §1002). The Trust Funds are the authorized collection

agent for the Union. The Trust Funds are administered at 12 East Erie Street, Chicago,

Illinois and venue is proper in the Northern District of Illinois.

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3. Global Concrete Corp. is an employer engaged in an industry affecting

commerce which entered into Agreements which require it to pay fringe benefit

contributions to the Trust Funds and to remit dues deducted from the employees' wages.

4. Delinquent employers are required to pay, in addition to the amounts

determined to be due, reasonable attorney fees, court costs, audit fees and other

reasonable costs incurred in the collection process.

5. Global Concrete Corp. must submit monthly reports listing the hours

worked by its carpenter employees ("contribution reports") and to make concurrent

payment of contributions and dues to the Trust Funds based upon the hours worked by

its carpenter employees.

6. The Defendants breached the Collective Bargaining Agreement and Trust

Agreements by failing to remit dues and pay fringe benefit contributions in the amount

of $109,222.78 for the period November 2019 and December 2019 and liquidated

damages on these unpaid amounts and on previously paid amounts.

7. At all times material herein, there was in effect the Illinois Wage Payment

and Collection Act ("Wage Act"). 820 ILCS 115/1, et seq. Carmen Gratace is an officer of

Global Concrete Corp. and knowingly permitted and willfully refused to remit dues on

behalf of its employees in violation of the Wage Act. 820 ILCS 115/14.

8. Section 13 of the Wage Act provides that "any officers of a corporation or

agents of an employer who knowingly permit such employer to violate the provisions of

this Act shall be deemed to be the employers of the employees of the corporation. 820

ILCS 115/13. Thus, Defendant, Carmen Gratace, is an employer within the meaning of

the Wage Act. Defendant deducted dues from the employees wages and failed to remit

the money to the Plaintiffs. The dues are wages as defined by Section 2 of the Illinois

Wage and Payment Collection Act, which have been assigned by the carpenter

employees to the Union. 820 ILCS 115/2. This Court has jurisdiction over this claim

pursuant to 28 U.S.C. §1367.

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

10. Plaintiffs have been required to employ the undersigned attorneys to

collect the monies that may be found to be due and owing from Defendants.

11. Defendants are obligated to pay the attorney fees and court costs incurred

by the Plaintiffs pursuant to 29 U.S.C. §1132(g)(2)(D).

12. Pursuant to 29 U.S.C. §1132(g)(2)(B), the Plaintiffs are entitled to interest

on any monies that may be found to be due and owing from the Defendants.

13. Pursuant to 29 U.S.C. §1132(g)(2)(C), Plaintiffs are entitled to an amount

equal to the greater of:

a) double interest on the unpaid contributions; or

b) interest plus liquidated damages provided for under the

Trust Agreements not in excess of 20% of amount that is

due.

14. Pursuant to the Trust Agreements, Plaintiffs are entitled to liquidated

damages at the rate of 1.5% compounded monthly.

WHEREFORE, Plaintiffs pray:

a) That Global Concrete Corp. be ordered to pay $109,222.78 representing

contributions for the period November 2019 and December 2019.

b) That Global Concrete Corp. be ordered to pay liquidated damages

pursuant to the Trust Agreements.

c) That Global Concrete Corp. be ordered to pay interest on the amount that

is due pursuant to 29 U.S.C. §1132 (g)(2)(B).

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d) That Global Concrete Corp. be ordered to pay interest or liquidated

damages on the amount that is due pursuant to 29 U.S.C. §1132 (g)(2)(C).

e) That Global Concrete Corp. be ordered to pay the reasonable attorney's

fees and costs incurred by the Plaintiffs pursuant to the Trust Agreements

and 29 U.S.C. §1132 (g)(2)(D).

f) That Carmen Gratace be ordered to pay the dues amount

that Defendants deducted from the employees' wages.

g) That Plaintiffs have such other and further relief as by the Court may be

deemed just and equitable all at the Defendants' costs pursuant to 29

U.S.C. §1132(g)(2)(E).

By: s/ Daniel P. McAnally

Attorney for Plaintiffs

Daniel P. McAnally

McGann, Ketterman & Rioux

111 East Wacker Drive, Suite 2600

Chicago, IL 60601

(312) 251-9700

dmcanally@mkrlaborlaw.com

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