IN THE UNITED STATES DISTRICT COURT 

 FOR THE NORTHERN DISTRICT OF ILLINOIS 

 EASTERN DIVISION 

CHICAGO & VICINITY LABORERS’ ) 

DISTRICT COUNCIL PENSION FUND, ) 

CHICAGO & VICINITY LABORERS’ ) 

DISTRICT COUNCIL WELFARE FUND, ) 

CHICAGO & VICINITY LABORERS’ ) 

DISTRICT COUNCIL RETIREE HEALTH ) 

AND WELFARE FUND, and CATHERINE ) 

WENSKUS, not individually but as ) 

Administrator of the Funds, ) 

) 

Plaintiffs, ) Judge 

v. ) 

) Case No.: 20 C 2282 

BECHSTEIN CONSTRUCTION, CORP., an ) 

Illinois corporation, ) 

 ) 

Defendant. )

COMPLAINT

Plaintiffs, Chicago & Vicinity Laborers’ District Council Pension Fund, Chicago & 

Vicinity Laborers’ District Council Health & Welfare Fund, Chicago & Vicinity Laborers’ 

District Council Retiree Health & Welfare Fund, and Catherine Wenskus, not individually but as 

Administrator of the Funds, (collectively the “Funds”), by their attorneys Patrick T. Wallace, 

Amy N. Carollo, G. Ryan Liska, Katherine C.V. Mosenson and Sara S. Schumann, and for their 

Complaint against Bechstein Construction, Corp., state: 

COUNT I

(Failure to Submit Benefit Contributions) 

1. Jurisdiction is based on Sections 502(e)(1) and (2) and 515 of the Employee 

Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §§1132 (e)(1) and 

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(2) and 1145, Section 301(a) of the Labor Management Relations Act (“LMRA”) of 1947 as 

amended, and 29 U.S.C. §185(a), 28 U.S.C. §1331. 

2. Venue is proper pursuant to Section 502(e)(2) of ERISA, 29 U.S.C. §1132(e)(2), 

and 28 U.S.C. §1391 (a) and (b). 

3. The Funds are multiemployer benefit plans within the meanings of Sections 3(3) 

and 3(37) of ERISA. 29 U.S.C. §1002(3) and 37(A). They are established and maintained 

pursuant to their respective Agreements and Declarations of Trust in accordance with Section 

302(c)(5) of the LMRA. 29 U.S.C. § 186(c)(5). The Funds have offices and conduct business 

within this District. 

4. Plaintiff Catherine Wenskus (“Wenskus”) is the Administrator of the Funds, and 

has been duly authorized by the Funds’ Trustees to act on behalf of the Funds in the collection of 

employer contributions owed to the Funds and to the Construction and General Laborers’ District 

Council of Chicago and Vicinity Training Fund, and with respect to the collection by the Funds 

of amounts which have been or are required to be withheld from the wages of employees in 

payment of Union dues for transmittal to the Construction and General Laborers’ District 

Council of Chicago and Vicinity (the “Union”). With respect to such matters, Wenskus is a 

fiduciary of the Funds within the meaning of Section 3(21)(A) of ERISA, 29 U.S.C. 

§1002(21)(A). 

5. Defendant Bechstein Construction, Corp., (hereinafter collectively referred to as 

“Bechstein” or the “Company”) is an Illinois corporation and at all times relevant did business 

within this District and is an employer within the meaning of Section 3(5) of ERISA, 29 U.S.C. 

§1002(5), and Section 301(a) of the LMRA, 29 U.S.C. §185(c). 

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6. The Union is a labor organization within the meaning of 29 U.S.C. §185(a). At 

all times relevant herein, the Union and the Company have been parties to successive collective 

bargaining agreements, the most recent of which became effective June 1, 2017 (A true and 

accurate copy of the Independent Construction Industry Collective Bargaining Agreement signed 

by the Company which adopts and incorporates the various area-wide collective bargaining 

agreements and the Funds’ respective Agreements and Declarations of Trust is attached hereto as 

Exhibit A). 

7. The Funds have been duly authorized to serve as collection agents for the Union 

in that the Funds have been given the authority to collect from employers union dues which 

should have been or have been deducted from the wages of covered employees. Further, the 

Funds have been duly authorized by the Construction and General Laborers’ District Council of 

Chicago and Vicinity Training Fund (the “Training Fund”), the Midwest Construction Industry 

Advancement Fund (“MCIAF”), the Mid-American Regional Bargaining Association Industry 

Advancement Fund (“MARBA”), the Chicagoland Construction Safety Council (the “Safety 

Fund”), the Laborers’ Employers’ Cooperation and Education Trust (“LECET”), the Concrete 

Contractors Association (“CCA”), the CDCNI/CAWCC Contractors’ Industry Advancement 

Fund (the “Wall & Ceiling Fund”), the CISCO Uniform Drug/Alcohol Abuse Program 

(“CISCO”), the Laborers’ District Council Labor Management Committee Cooperative 

(“LDCLMCC”), the Will Grundy Industry Trust Advancement Fund (“WGITA”), the Illinois 

Environmental Contractors Association Industry Education Fund (“IECA Fund”), the Illinois 

Small Pavers Association Fund (“ISPA”), and the Chicago Area Independent Construction 

Association (“CAICA”) to act as an agent in the collection of contributions due to those Funds. 

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8. The Agreement and the Funds’ respective Agreements and Declarations of Trust 

obligate the Company to make contributions on behalf of its employees covered by the 

Agreement for pension benefits, health and welfare benefits, and/or benefits for the training fund 

and to submit monthly remittance reports in which the Company, inter alia, identifies the 

employees covered under the Agreement and the amount of contributions to be remitted to the 

Funds on behalf of each covered employee. The Company is obligated to pay between 10% 

liquidated damages on late-paid contributions, 20% liquidated damages on late-paid, Pension, 

Welfare, Retiree Welfare and Training Fund contributions, plus interest at a rate of 12% from the 

date the contributions were due until the contributions are paid. 

9. The Agreement and the Funds’ respective Agreements and Declarations of Trust 

requires the Company to submit its books and records to the Funds on demand for an audit to 

determine benefit contribution compliance. 

10. The Agreement requires the Company to obtain and maintain a surety bond to 

guaranty the payment of future wages, pension and welfare benefits. 

11. Notwithstanding the obligations imposed by the Agreement and the Funds’ respective 

Agreements and Declarations of Trust, the Company has: 

(a) failed to submit benefit reports and contributions for the period of January 2020 

forward, thereby depriving the Pension Fund of information and income necessary to administer 

the Fund; 

(b) failed to submit benefit reports and contributions for the period of January 2020 

forward, thereby depriving the Welfare Fund of information and income necessary to administer 

the Fund; 

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 (c) failed to submit benefit reports and contributions for the period of January 2020 

forward, thereby depriving the Retiree Welfare Fund of information and income necessary to 

administer the Fund; and 

 (d) failed to submit benefit reports and contributions for the period of January 2020 

forward, thereby depriving the Training Fund of information and income necessary to administer 

the Fund. 

12. The Company failed to submit timely payment of its March through July 2019 and 

October and November 2019 benefit reports. Accordingly, the Company owes $8,617.86 in 

accumulated liquidated damages on those late-paid reports plus interest. 

 13. The Company’s actions in failing to submit timely payment of benefit 

contributions reports violates Section 515 of ERISA, 29 U.S.C. §1145. 

 WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor and 

against Defendant Bechstein Construction, Corp. as follows: 

a. Ordering the Company to submit and pay benefit reports for the period of January 

2020 forward and ordering the Company to submit its books and records to an audit 

for the period of October 1, 2017 forward; 

b. entering judgment in favor of the Funds and against Defendant for the amount of any 

unpaid contributions, liquidated damages and accumulated liquidated damages, plus 

interest and Plaintiffs’ reasonable attorneys’ fees and costs on late and unpaid 

contributions from the period October 1, 2017 forward; and 

c. awarding Plaintiffs any further legal and equitable relief as the Court deems 

appropriate. 

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COUNT II

(Failure To Submit Benefit Contributions)

14. Plaintiffs reallege paragraphs 1 through 13 of Count I. 

15. Pursuant to agreement, the Funds have been duly designated to serve as collection 

agents for the Union in that the Funds have been given the authority to collect from employers 

union dues which have been or should have been deducted from the wages of covered 

employees. 

16. Notwithstanding the obligations imposed by the Agreement and the Funds’ respective 

Agreements and Declarations of Trust, the Company has failed to submit and pay dues reports for the 

period of January 2020 forward. 

17. The Company has failed to timely submit and pay dues reports for the period of 

March through June 2019 and therefore owes in accumulated liquidated damages on late paid dues 

reports in the amount of $333.50. 

18. Under the terms of the Agreement the Company is liable for the unpaid reports, 

accumulated liquidated damages and to submit its books and records to an audit upon demand for the 

period of October 1, 2017 forward and to pay any amounts revealed as due and owing therein. 

WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in favor of 

Plaintiffs and against Bechstein Construction, Corp.: 

a. ordering the Company to submit and pay dues reports for the period of January 2020 

forward: 

b. ordering the Company to submit its books and records to an audit for the period of 

October 1, 2017 forward; 

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c. entering judgment in favor of Plaintiffs and against the Company for any unpaid 

dues, liquidated damages, accumulated liquidated damages, audit costs, and 

Plaintiffs’ reasonable attorneys' fees and expenses; and 

d. awarding Plaintiffs any additional legal and equitable relief as the Court deems 

appropriate. 

April 13, 2020 Chicago & Vicinity Laborers’ District 

Council Pension Fund, et al. 

By: /s/ Patrick T. Wallace 

Office of Fund Counsel 

111 W. Jackson Blvd., Suite 1415 

Chicago, IL 60604 

(312) 692-1540 

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