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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PENSION FUND OF CEMENT MASONS’ UNION 

LOCAL UNION NO. 502; CEMENT MASONS’ 

INSTITUTE LOCAL 502 WELFARE TRUST 

FUND; CEMENT MASONS’ LOCAL 502 AND 

PLASTERERS AREA 5 ANNUITY FUND; 

CEMENT MASONS’ LOCAL NO. 502 RETIREE 

WELFARE FUND; CEMENT MASONS’ ROCK 

ASPHALT AND COMPOSITION FLOOR 

FINISHERS LOCAL UNION NO. 502 A.F.L.-C.I.O. 

SAVINGS FUND; CEMENT MASONS’ UNION 

LOCAL 502 APPRENTICE EDUCATIONAL AND 

TRAINING TRUST; CEMENT MASONS’ LOCAL 

UNIONS 502, 803 AND 11 AREAS 161, 362 AND 

638 LABOR MANAGEMENT COOPERATION 

TRUST FUND; and CEMENT MASONS’ UNION 

LOCAL NO. 502 PLASTERERS AREA 5,

Plaintiffs, 

vs.

INDEPENDENT PAVING CO., INC., an Illinois 

corporation, and 

Defendants. 

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CASE NO.: 20-CV-4187

JUDGE:

MAG. JUDGE: 

COMPLAINT

NOW COME the Plaintiffs, the PENSION FUND OF CEMENT MASONS’ UNION LOCAL 

UNION NO. 502, the CEMENT MASONS’ INSTITUTE LOCAL 502 WELFARE TRUST FUND, 

the CEMENT MASONS’ LOCAL 502 AND PLASTERERS AREA 5 ANNUITY FUND, the 

CEMENT MASONS’ ROCK ASPHALT AND COMPOSITION FLOOR FINISHERS LOCAL

UNION NO. 502 A.F.L.-C.I.O. SAVINGS FUND, the CEMENT MASONS’ UNION LOCAL 502 

APPRENTICE EDUCATIONAL AND TRAINING TRUST, the CEMENT MASONS’ LOCAL NO. 

502 RETIREE WELFARE FUND, the CEMENT MASONS’ LOCAL UNIONS 502, 803 AND 11 

AREAS 161, 362 AND 638 LABOR MANAGEMENT COOPERATION TRUST FUND and the 

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CEMENT MASONS’ UNION LOCAL NO. 502 PLASTERERS AREA 5, complaining of the 

Defendant INDEPENDENT PAVING CO., INC., and in support, allege as follows:

JURISDICTION AND VENUE

1. This action arises under Sections 502 and 515 of the Employee Retirement Income Security 

Act (“ERISA”) (29 U.S.C. §§ 1132 and 1145) and Section 301 of the Labor-Management 

Relations Act (“LMRA”). (29 U.S.C. § 185). The Court has jurisdiction over the subject 

matter of this action pursuant to 29 U.S.C. §§ 185, 1132 and 1145, and 28 U.S.C. § 1331. 

2. Venue is proper in this Court pursuant to 29 U.S.C. § 1132(e)(2) in that the PENSION FUND 

OF CEMENT MASONS’ UNION LOCAL UNION NO. 502, the CEMENT MASONS’ 

INSTITUTE LOCAL 502 WELFARE TRUST FUND, the CEMENT MASONS’ LOCAL 

502 AND PLASTERERS AREA 5 ANNUITY FUND, the CEMENT MASONS’ ROCK 

ASPHALT AND COMPOSITION FLOOR FINISHERS LOCAL UNION NO. 502 A.F.L.-

C.I.O. SAVINGS FUND, the CEMENT MASONS’ UNION LOCAL 502 APPRENTICE 

EDUCATIONAL AND TRAINING TRUST, and the CEMENT MASONS’ LOCAL NO. 

502 RETIREE WELFARE FUND (collectively the “TRUST FUNDS”) are administered at 

739 25th Ave., Bellwood, Illinois 60104 and pursuant to 28 U.S.C. § 1391(b)(2) in that a 

substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred in the 

Northern District of Illinois, Eastern Division. 

PARTIES

3. The TRUST FUNDS receive contributions from numerous employers pursuant to the 

Collective Bargaining Agreement (“CBA”) entered into between the CEMENT MASONS’ 

UNION LOCAL NO. 502 PLASTERERS AREA 5 (“UNION”) and the Concrete Contractors 

Association of Greater Chicago/Mid-America Regional Bargaining Association, and therefore 

are multiemployer plans under 29 U.S.C. §§ 1002(37).

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4. The CEMENT MASONS’ LOCAL UNIONS 502, 803 AND 11 AREAS 161, 362 AND 638 

LABOR MANAGEMENT COOPERATION TRUST FUND (“LMCC”) is a labor 

management cooperation committee that is administered in Bellwood, Illinois.

5. Pursuant to Sections 502(a)(3) and 515 of ERISA (29 U.S.C. §§ 1132 and 1145), the TRUST 

FUNDS and the LMCC are authorized to bring this action on behalf of their participants and 

beneficiaries for the purpose of collecting unpaid contributions. 

6. The UNION is the bargaining representative of the Defendant INDEPENDENT PAVING 

CO., INC. (“INDEPENDENT PAVING”)’s bargaining-unit employees.

7. Pursuant to Section 301 of the LMRA (29 U.S.C. § 185), the UNION is authorized to bring 

suit against signatory employers for breach of a collective bargaining agreement. 

8. The Defendant INDEPENDENT PAVING is an Illinois corporation with its principal place 

of business in Bellwood, Illinois.

COUNT I – BREACH OF CONTRACT

9. Plaintiffs re-allege and incorporate the allegations contained in Paragraphs 1-8 of this 

Complaint with the same force and effect as if fully set forth herein. 

10. INDEPENDENT PAVING is an employer engaged in an industry affecting commerce, which 

agreed to be bound by the terms of the CBA through a Memorandum of Agreement. (A copy 

of the Memorandum of Agreement is attached as Exhibit 1); (A copy of the CBA is attached 

as Exhibit 2). 

11. Through the CBA and Memorandum of Agreement, INDEPENDENT PAVING agreed to be 

bound by the provisions of the Agreements and Declarations of Trust which created the 

TRUST FUNDS (hereinafter referred to as the “Trust Agreements”).

12. Pursuant to the provisions of the CBA, Memorandum of Agreement, and Trust Agreements, 

INDEPENDENT PAVING is required to make monthly reports of the number of hours 

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worked by its bargaining-unit employees and pay contributions to the TRUST FUNDS and 

LMCC for each hour that a bargaining-unit employee performs any work at the negotiated 

rate set forth in the CBA. The monthly reports and contributions during all relevant times 

were due on or before the 15th day of the calendar month following the calendar month during 

which the work was performed. (Exhibit 2). 

13. Pursuant to the CBA, INDEPENDENT PAVING is required to deduct five dollars ($5.00)

from its bargaining-unit employees’ wages for each hour worked and remit it to the CEMENT 

MASONS’ ROCK ASPHALT AND COMPOSITION FLOOR FINISHERS LOCAL UNION 

NO. 502 A.F.L.-C.I.O. SAVINGS FUND (“SAVINGS FUND”). (Exhibit 2). 

14. Pursuant to the CBA and properly executed check-off cards, INDEPENDENT PAVING is 

required to deduct five percent (5%) from its bargaining-unit employees’ wages for each hour 

worked and remit it to the UNION. (Exhibit 2).

15. Pursuant to Section 502(g)(2) of ERISA (29 U.S.C. § 1132) and the provisions of the CBA 

and Trust Agreements, employers who fail to submit their monthly reports and contributions 

to the TRUST FUNDS and the LMCC, and dues to the UNION, on a timely basis are 

responsible for the payment of liquidated damages equal to fifteen percent (15%) of the 

amount unpaid, plus interest at a rate of ten percent (10%) per annum, and any reasonable 

attorneys’ fees and costs of maintaining suit, as well as any auditor fees incurred. (Exhibit 2).

16. INDEPENDENT PAVING failed to timely submit payment of contributions and union dues

to the TRUST FUNDS, the LMCC, and the UNION for the month of October 2019.

17. As a result of INDEPENDENT PAVING’s failure to remit timely payment for contributions 

and union dues for the months of October 2019, INDEPENDENT PAVING owes the TRUST 

FUNDS, the LMCC, and the UNION liquidated damages in the aggregate amount of 

$4,161.73.

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18. INDEPENDENT PAVING has a continuing obligation to remit monthly contribution reports, 

contributions and union dues on a monthly basis to Plaintiffs, and to comply with the terms 

of the CBA, Memorandum of Agreement, and Trust Agreements.

19. Plaintiffs have been required to employ the undersigned counsel to collect the monies that are 

due and owing from INDEPENDENT PAVING. 

20. Plaintiffs have complied with all conditions precedent in bringing this suit. 

21. INDEPENDENT PAVING is obligated to pay the reasonable attorneys’ fees and court costs 

incurred by the Plaintiffs pursuant to the CBA, Memorandum of Agreement, Trust 

Agreements, and 29 U.S.C. § 1132(g)(2)(D). 

WHEREFORE, Plaintiffs respectfully request:

A. That Judgment be entered in favor of Plaintiffs and against Defendant INDEPENDENT 

PAVING in the amount of $4,161.73 for the liquidated damages resulting from the untimely 

payment of contributions and dues for the month of October 2019;

B. That Judgment be entered in favor of Plaintiffs and against Defendant INDEPENDENT 

PAVING for any and all other contributions, union dues, liquidated damages, and interest

found to be due and owing in addition to those referenced in Paragraph A above; 

C. That Defendant INDEPENDENT PAVING be ordered to pay the reasonable attorneys’ fees 

and costs incurred by the Plaintiffs pursuant to the CBA, Memorandum of Agreement, Trust 

Agreements, and 29 U.S.C. § 1132(g)(2)(D); and 

D. That Plaintiffs have such other and further relief as the Court may deem just and equitable all 

at the Defendant INDEPENDENT PAVING’s cost pursuant to 29 U.S.C. § 1132(g)(2)(E).

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Respectfully Submitted,

PENSION FUND OF CEMENT MASONS’ 

UNION LOCAL UNION NO. 502 et al.

/s/ Lucas J. Habeeb - 6329755

One of Plaintiffs’ Attorneys

Johnson & Krol, LLC

311 S. Wacker Dr., Suite 1050

Chicago, IL 60606 

(312) 757-5472

habeeb@johnsonkrol.com

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