IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IRON WORKERS’ MID-AMERICA )

PENSION PLAN, )

)

IRON WORKERS’ MID-AMERICA )

SUPPLEMENTAL MONTHLY ) CIVIL ACTION

ANNUITY (SMA) FUND, )

) NO. 20 C 2506

PAUL E. FLASCH, )

as Administrative Manager, ) JUDGE

)

Plaintiffs, )

)

vs. )

)

UNITY FENCING COMPANY, )

an Illinois corporation, )

)

Defendant. )

COMPLAINT

The Plaintiffs, IRON WORKERS’ MID-AMERICA PENSION PLAN, IRON WORKERS’

MID-AMERICA SUPPLEMENTAL MONTHLY ANNUITY (SMA) FUND and PAUL E.

FLASCH, as Administrative Manager, by their attorneys, complaining of the Defendant, UNITY

FENCING COMPANY, an Illinois corporation, allege as follows:

1. This action arises under the laws of the United States and is brought pursuant to the

Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§1132, 1145 (hereinafter referred to as "ERISA"). Jurisdiction is based upon the existence of questions arising

thereunder, as hereinafter more fully appears.

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2. Plaintiffs, the IRON WORKERS’ MID-AMERICA PENSION PLAN and IRON

WORKERS’ MID-AMERICA SUPPLEMENTAL MONTHLY ANNUITY (SMA) FUND, are

pension and related joint, labor-management funds and bring this action as "employee pension

benefit funds", and "plans", under ERISA and Plaintiff, PAUL E. FLASCH, is the Administrative

Manager of Plaintiff Funds and a fiduciary with respect thereto. Plaintiff Funds are administered

within this District and Division.

3. Defendant is obligated to make fringe benefit contributions to the Funds under the

terms of the Agreements and Declarations of Trust establishing and outlining the administration of

these Funds, and pursuant to the terms of one or more collective bargaining agreements entered into

by Defendant.

4. As an employer obligated to make fringe benefit contributions to the Funds,

Defendant is specifically required to do the following:

(a) To submit to Plaintiffs for each month, by the 15th day of the month following the

month for which the report is made, a report stating the names, social security

numbers, and total hours worked or for which wages were received in such month by

each and every person on whose behalf contributions are required to be made by

Defendant to Plaintiffs; or, if no such persons are employed for a given month, to

submit a report so stating;

(b) To have a duly authorized agent verify said reports by signature and to accompany

the reports with payment of contributions based upon an hourly rate as stated in the

applicable agreements;

(c) To make all of its payroll books and records available to Plaintiffs for the purpose of

auditing same, to determine whether Defendant is making full payment as required

under the applicable agreements;

(d) To compensate Plaintiffsfor the additional administrative costs and burdens imposed

by Defendant’s failure to pay, or untimely payment of, contributions, by way of the

payment of liquidated damages in the amount of 1 1⁄2% per month on the whole

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amount of contributions remaining from time to time unpaid, together with interest

as provided in ERISA, 29 U.S.C. §1132(g);

(e) To pay any and all costs incurred by Plaintiffs in auditing Defendant’s payroll

records, should it be determined that Defendant was delinquent in the reporting or

submission of all contributions required of it to be made to Plaintiffs;

(f) To pay Plaintiffs’ reasonable attorneys’ fees and costs necessarily incurred in the

prosecution of any action to require Defendant to submit its payroll books and

records for audit or to recover delinquent contributions;

(g) To furnish to Plaintiffs a bond with good and sufficient surety thereon, in an amount

acceptable to Plaintiffs, to cover future contributions due the Plaintiffs.

5. Defendant is delinquent and has breached its obligations to Plaintiffs and its

obligations under the plans in the following respects:

(a) Defendant has failed and refused to verify and submit all of its reports to Plaintiffs

due, to date, and/or, has failed to make payment of all contributions acknowledged

by Defendant thereon to be due Plaintiffs;

(b) Defendant has made payment of contributions due Plaintiffs, but such payment was

made in an untimely fashion pursuant to the collective bargaining agreement and

Trust Agreements. Plaintiffs have assessed liquidated damages and accrued interest

against the Defendant as authorized by the Trust Agreements and ERISA, but

Defendant has failed and refused to make payment of said liquidated damages and

accrued interest.

6. That upon careful review of all records maintained byPlaintiffs, and after application

of any and all partial payments made by Defendant, there is a total of $6,982.45, known to be due

Plaintiffs from Defendant, subject however to the possibility that additional monies may be due

Plaintiffs from Defendant based upon Defendant’s failure to submit all required reports, or to

accurately state all hours for which contributions are due on reports previously submitted, and

subject further to the possibility that additional contributions and liquidated damages may come due

during the pendency of this lawsuit.

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7. Plaintiffs have requested that Defendant perform its obligations as aforesaid, but

Defendant has failed and refused to so perform.

8. Defendant’s continuing refusal and failure to perform its obligations to Plaintiffs is

causing and will continue to cause irreparable injuries to Plaintiffs for which Plaintiffs have no

adequate remedy at law.

WHEREFORE, Plaintiffs pray:

(A) That an account be taken as to all employees of Defendant covered by the collective

bargaining agreement or agreements as to wages received and hours worked by such

employees to determine amounts required to be paid to the Plaintiffs, covering the

period for which the collective bargaining agreement is to be effective;

(B) That Defendant be enjoined and ordered to verify and submit all delinquent monthly

contribution reports to Plaintiffs with the information required to be provided

thereon, to continue to submit such verified reports while this is pending, and to

comply with its contractual obligation to timely submit such reports in the future;

(C) That judgment be entered in favor of Plaintiffs and against Defendant for all unpaid

contributions, liquidated damages, anycosts of auditing Defendant’s records, accrued

interest, and Plaintiffs’reasonable attorneys’ fees and court costs necessarilyincurred

in this action as specified herein, or as subsequently determined, all as provided for

in the plans and in ERISA;

(D) That Plaintiffs have such further relief as may be deemed just and equitable by the

Court, all at Defendant’s cost.

/s/ Patrick N. Ryan 

Catherine M. Chapman

Patrick N. Ryan

Attorneys for the Plaintiffs

BAUM SIGMAN AUERBACH & NEUMAN, LTD.

200 West Adams Street, Suite 2200

Chicago, IL 60606-5231

Bar No.: 6278364

Telephone: (312) 216-2573

Facsimile: (312) 236-0241

E-Mail: pryan@baumsigman.com

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