IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

TERRENCE J. HANCOCK, DAVID M. SNELTEN, )

JOHN J. LISNER, WILLIAM H. COLLINS, DALE A. )

BOLT, and JONATHAN GALLAGHER, as Trustees of )

the HEALTH AND WELFARE FUND OF THE )

EXCAVATING, GRADING AND ASPHALT )

CRAFT LOCAL NO. 731, )

)

TERRENCE J. HANCOCK, JOHN J. LISNER, ) CIVIL ACTION

DAVID M. SNELTEN, DALE A. BOLT, JONATHAN )

GALLAGHER, and WILLIAM H. COLLINS, as Trustees ) NO. 20 C 3757

of the LOCAL 731, I.B. OF T., EXCAVATORS AND )

PAVERS PENSION TRUST FUND, ) JUDGE 

)

Plaintiffs, )

)

vs. )

)

ALSTERDA CARTAGE & CONSTRUCTION CO., INC., )

an Illinois corporation, )

)

Defendant. )

C O M P L A I N T

The Plaintiffs, TERRENCE J. HANCOCK, DAVID M. SNELTEN, JOHN J. LISNER,

WILLIAM H. COLLINS, DALE A. BOLT, and JONATHAN GALLAGHER, as trustees of the

HEALTHANDWELFAREFUNDOFTHEEXCAVATING,GRADINGANDASPHALT CRAFT

LOCAL NO. 731 and TERRENCE J. HANCOCK, JOHN J. LISNER, DAVID M. SNELTEN,

DALE A. BOLT, JONATHAN GALLAGHER, and WILLIAM H. COLLINS, as Trustees of the

LOCAL 731, I.B. OF T., EXCAVATORS AND PAVERS PENSION TRUST FUND, by their

attorneys, complaining of theDefendant,ALSTERDACARTAGE&CONSTRUCTION CO., INC.,

an Illinois corporation, allege as follows:

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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.

2. Plaintiffs bring this action in their capacity as Trustees of the HEALTH AND

WELFARE FUND OF THE EXCAVATING, GRADING AND ASPHALT CRAFT LOCAL NO.

731 and the LOCAL 731, I.B. OF T., EXCAVATORS AND PAVERS PENSION TRUST FUND,

which are "employee welfare benefit funds," and "plans," within the meaning of ERISA, Plaintiffs

being the now-acting fiduciaries thereof administering said Plans within this District.

3. Defendant is an "Employer" within the meaning of ERISA, which is obligated to

make fringe benefit contributions to Plaintiffs under the terms of the certain "Agreements and

Declarations of Trust," pursuant to which Plaintiff Funds are maintained and/or pursuant to the terms

of a collective bargaining agreement to which Defendant is obligated and to which the Excavating,

Grading, Asphalt, Private Scavengers, Automobile Salesroom Garage Attendants and Linen and

Laundry Drivers Local Union No. 731, affiliated with the International Brotherhood of Teamsters,

is also obligated.

4. As an Employer obligated to make fringe benefit contributions to Plaintiffs under the

Agreements and Declarations of Trust, Defendant is specifically required to do the following:

(a) To submit to Plaintiffs for each month a report stating the names, social security

numbers, and total number of hours worked 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 accompany the aforesaid reports with payment of contributions based upon an

hourly rate as stated in the applicable collective bargaining agreement or agreements;

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

auditing same, to verifythe accuracyof Defendant's past reporting upon request made

by Plaintiffs;

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

by delinquency or untimely payment of contributions by way of the payment of

liquidated damages in the amount of ten (10%) percent of any and all contributions

which are not received by Plaintiffs for a particular month prior to the 20th day of the

succeedingmonth; effective May 9, 1991, the amount of twenty (20%) percent of any

and all contributions which are not received by Plaintiffs for a particular month prior

to the 20th day of the succeeding month;

(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 respect:

Defendant has failed and refused to submit all of its contribution reports to Plaintiffs

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

by Defendant thereon to be due Plaintiffs. Defendant is, therefore, subject to

liquidated damages, as authorized by the Trust Agreements. Plaintiffs have assessed

liquidated damages against the Defendant, as authorized by the Trust Agreements,

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

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

any and all partial payments made by Defendant, the total amount due is unknown, 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 will 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 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 submit all delinquent monthly contribution reports to Plaintiffs stating the information required to be stated thereon, and to

continue submitting such reports while this action is pending;

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

contributions for the period January 2020 to date, liquidated damages, the costs of

auditing Defendant's records, and Plaintiffs' reasonable attorneys' fees and Court

costs necessarily incurred in this action as specified herein, or as subsequently

determined, all as provided for in the Plans and in ERISA;

(D) That Defendant be permanently enjoined and ordered to perform specifically its

obligations to Plaintiffs, and in particular, to continue to submit the required reports

and contributions due thereon to Plaintiffs in a timely fashion as required by the

Plans and by ERISA;

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

Court, all at Defendant's cost.

/s/ Cecilia M. Scanlon 

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Laura M. Finnegan

Cecilia M. Scanlon

Attorneys for the Plaintiffs

BAUM SIGMAN AUERBACH & NEUMAN, LTD.

200 West Adams Street, Suite 2200

Chicago, IL 60606-5231

Bar No.: 6288574

Telephone: (312) 216-2577

Facsimile: (312) 236-0241

E-Mail: cscanlon@baumsigman.com

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