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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

SEIU LOCAL 1 & PARTICIPATING )

EMPLOYERS HEALTH TRUST and )

SEIU LOCAL 1 & PARTICIPATING )

EMPLOYERS PENSION TRUST, ) Case No: 

) 

Plaintiffs, ) Judge: 

 ) 

v. ) Magistrate: 

 )

INTERNATIONAL CLEANING )

SERVICES, INC., an Illinois Corporation )

)

Defendant. )

C O M P L A I N T

Plaintiffs, SEIU LOCAL 1 & PARTICIAPTING EMPLOYERS HEALTH TRUST and 

SEIU LOCAL 1 & PARTICIPATING EMPLOYERS PENSION TRUST, and through their 

Attorneys, Robert B. Greenberg, Matthew S. Jarka, and Sam Hensel of Asher, Gittler & D'Alba, 

Ltd., and complaining of Defendant, INTERNATIONAL CLEANING SERVICES, INC., state 

as follows:

1. This action is brought under the provisions of Sections 502(g)(2), (a)(3), of the 

Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C., Secs. 1132(g)(2), 

(a)(3), and 1145. 

2. Jurisdiction in this Court is based upon Sections 502(e)(1) and 502(e)(2) of 

ERISA [29 U.S.C. Sec. 1132(e)(1) and (e)(2)], which states in relevant part:

Where an action under this subchapter is brought in a district court 

of the United States, it may be brought in the district where the 

plan is administered, where the breach took place, or where a 

defendant resides or may be found, and process may be served in 

any other district where a defendant resides or may be found.

3. The SEIU LOCAL 1 & PARTICIPTING EMPLOYERS HEALTH TRUST and 

SEIU LOCAL 1 & PARTICIPATING EMPLOYERS PENSION TRUST (“Funds”) receive 

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contributions from numerous employers pursuant to collective bargaining agreements heretofore 

entered into between Service Employees International Union Local 1 ("Union"), including 

Defendant, and the Funds are maintained and administered in accordance with and pursuant to 

the provisions of Section 302(c)(5) of the National Labor Relations Act, as amended, ERISA and 

other applicable federal law and the Funds are administered pursuant to the terms and provisions 

of a certain Restated Agreement and Declaration of Trust ("Trust Agreement"). 

4. The Funds’ offices are located at 111 East Wacker, 17th Floor, Chicago, Illinois 

60601, and the Funds are administered in the Northern District of Illinois. 

5. As provided in the Trust Agreement, Plaintiffs are required to receive, hold and

manage all monies required to be contributed to the Funds in accordance with the provisions of 

the then applicable Collective Bargaining Agreement for the uses and purposes set forth in the 

Trust Agreement. 

6. Defendant is an employer engaged in an industry affecting commerce and 

maintains its principal place of business at 2415 Comstock Court, Naperville, Illinois 60564.

7. Defendant employs or has employed persons represented for collective bargaining 

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

agreements referred to herein, by the terms of which Defendant was required to contribute to the 

Funds. 

8. Plaintiffs are advised and believe that Defendant has repeatedly failed to submit 

timely contribution reports and the required payments thereon to the Funds pursuant to the terms 

of the Collective Bargaining Agreement by which it was bound, all in violation of its contractual 

obligations and its obligations under applicable federal statutes. 

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9. As a result of the above-described omissions and breaches of agreement by 

Defendant, Plaintiffs may be required to (a) deny the employee beneficiaries for whom 

contributions have not been made the benefits provided under the benefit plan, thereby causing 

to such employee beneficiaries substantial and irreparable damage, or (b) to provide to 

employees of Defendant the benefits provided under the benefit plan, notwithstanding 

Defendant's failure to make the required contributions thereto, thereby reducing the corpus of 

such Funds and endangering the rights of the employee beneficiaries thereunder on whose behalf 

contributions are being made, all to their substantial and irreparable injury. 

10. Plaintiffs, in their behalf, and on behalf of all employees for whose benefit the 

Funds were established, have requested Defendant to perform its obligations, but Defendant has 

refused and failed to perform as herein alleged. 

11. Plaintiffs are without an adequate remedy at law and will suffer immediate, 

continuing and irreconcilable injury and damage unless Defendant is ordered to specifically 

perform all of its obligations required under the Collective Bargaining Agreement and the Trust 

Agreement, and is restrained from continuing to refuse to perform as thereunder required. 

12. Defendant is delinquent to the Funds for the period March 1, 2018 through

October 15, 2018, in the amount of $39,189.37.

13. Defendant's failure to pay is a violation of the Collective Bargaining Agreement 

and the Trust Agreement. Plaintiffs, therefore, seek enforcement of these provisions pursuant to 

Section 502(g)(2),(a)(3) and 515 of the Employee Home Security Act of 1947 (‘ERISA”), 29 

U.S.C., Sec. 1132(g)(2), (a)(3), and 145. 

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 WHEREFORE, Plaintiffs pray: 

(a) That judgment enter in favor of Plaintiffs and against Defendant in the amount of 

THIRTY-NINE THOUSAND ONE HUNDRED EIGHTY-NINE AND 37/100 ($39,189.37) 

DOLLARS, or such additional amounts as may be found due and owing during the pendency of 

this action. 

(b) That Plaintiffs be awarded their costs, including reasonable attorney's fees 

incurred in the prosecution of this action as provided in the Collective Bargaining Agreement 

and under the applicable provisions of ERISA, as amended. 

(c) That interest and/or liquidated damages be assessed against Defendant as 

provided in the Collective Bargaining Agreement and the applicable provisions of ERISA, as 

amended. 

(d) For such other and further relief as the Court may determine just and proper. 

/s/ Robert B. Greenberg 

Asher, Gittler & D'Alba, Ltd.

200 West Jackson Boulevard - Suite 720

Chicago, Illinois 60606 

(312) 263-1500 - Fax: (312) 263-1520

rbg@ulaw.com

IL ARDC#: 01047558 

/s/ Matthew S. Jarka 

Asher, Gittler & D'Alba, Ltd.

200 West Jackson Boulevard - Suite 720

Chicago, Illinois 60606 

(312) 263-1500 - Fax: (312) 263-1520

msj@ulaw.com

IL ARDC#: 6322603

/s/ Sam Hensel 

Asher, Gittler & D'Alba, Ltd.

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200 West Jackson Boulevard - Suite 720

Chicago, Illinois 60606 

(312) 263-1500 - Fax: (312) 263-1520

msj@ulaw.com

IL ARDC#: 6332797

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