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THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

S.E.I.U. LOCAL No. 1 HEALTH FUND, )

)

)

Plaintiff, )

)

v. )

)

SERVICE CORPORATION )

INTERNATIONAL, )

)

Defendant. )

COMPLAINT

Plaintiff, SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL No. 1 HEALTH FUND 

(the “Fund”) by and through their Attorneys, Robert B. Greenberg and Sam W. Hensel of Asher, Gittler, 

& D’Alba, Ltd., complain of Defendant, SERVICE CORPORATION INTERNATIONAL, and state as 

follows: 

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

Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. Secs. 1132(g)(1) and (a)(3). 

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 Fund receives contributions from numerous employers pursuant to collective

bargaining agreements heretofore entered into between Service Employees International Union Local 1 

(“Union”), including Defendant, and the Fund is 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, 

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other applicable federal law, and provisions of a certain Restated Agreement and Declaration of Trust 

(“Trust Agreement.”)

4. The Fund office is located at 1431 Opus Place, Suite 350, Downers Grove, Illinois 60515,

and the Fund is administered in the Northern District of Illinois. 

5. As provided in the Trust Agreement, the Fund is required to receive, hold, and manage all

monies required to be contributed to the Fund 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 has an office

located at 9900 West 143rd Street, Orland Park, Illinois 60462. 

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 (“CBA.”) The 

CBA’s terms require Defendant to be party to other agreements referred to herein, such as the Trust

Agreement and Fund Collection Policy. 

8. By the Trust Agreement and Fund Collection Policy’s terms, to which Defendant is

bound, the Fund has the right to conduct randomized audits to determine whether contributions are owed,

in accordance with its terms. 

9. The Fund, on its behalf, and on behalf of all employees for whose benefit the Fund was

established, have requested Defendant to perform its obligations by submitting materials to the Fund’s 

auditors necessary for the performance of the audit, but Defendant has refused and failed to perform as 

herein alleged. 

10. The Fund is 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, the Trust Agreement, and Collections 

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

11. Defendant’s failure to pay is a violation of the Collective Bargaining Agreement and the

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Trust Agreement. The Fund, therefore, seek enforcement of these provisions pursuant to Section 

502(g)(2), (a)(3) and 515 of ERISA, 29 U.S.C. Sec. 1132(g)(2), (a)(3), and 1145. 

WHEREFORE, the Fund prays: 

(a) That judgment be entered in favor of the Fund and against Defendant, and that

Defendant be ordered to perform its obligations under the CBA and Trust Agreement, including the 

submission of required materials to the Fund’s auditors as required for the completion of the audit. 

(b) That the Fund be awarded its costs, including reasonable attorney’s fees and court

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

under the applicable provisions of ERISA, as amended. 

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

/s/ Sam W. Hensel

One of Plaintiff’s Attorneys

Robert B. Greenberg

Asher, Gittler, & D’Alba, Ltd. 

200 West Jackson Blvd., Ste. 720

Chicago, Illinois 60606

(312) 263-1500 – Fax: (312) 263-1520

rbg@ulaw.com

IL ARDC #: 01047558

Sam W. Hensel

Asher, Gittler, & D’Alba, Ltd. 

200 West Jackson Blvd., Ste. 720

Chicago, Illinois 60606

(312) 263-1500 – Fax: (312) 263-1520

sh@ulaw.com

IL ARDC #: 6332797

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