IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PLUMBERS’ PENSION FUND, LOCAL 130, U.A., )

PLUMBERS’ WELFARE FUND, LOCAL 130, U.A., )

THE TRUST FUND FOR APPRENTICE AND )

JOURNEYMAN EDUCATION AND TRAINING, )

LOCAL 130, U.A., PLUMBERS’ RETIREMENT )

SAVINGS PLAN FUND, LOCAL 130, U.A., and )

CHICAGO JOURNEYMEN PLUMBERS’ LOCAL )

UNION 130, U.A., GROUP LEGAL SERVICES PLAN )

FUND, )

) Case No.: 

)

Plaintiffs, ) 

)

v. ) 

)

AAFAC SERVICES, INC., )

)

Defendant. )

COMPLAINT

Plaintiffs, the PLUMBERS’ PENSION FUND, LOCAL 130, U.A., et al., by its attorney, 

Michael J. McGuire and the law firm of Gregorio ♦ Marco, complain of the Defendant, AAFAC 

SERVICES, INC. and allege as follows:

1. This action arises under Section 502 of the Employee Retirement Income Security 

Act and Section 301 of the Taft-Hartley Act. (29 U.S.C. §§1132 and 185). Jurisdiction is 

founded on the existence of questions arising thereunder.

2. The PLUMBERS’ PENSION FUND, LOCAL 130, U.A, et. al. (collectively 

referred to as the “Local 130 Trust Funds”) receive contributions from numerous employers 

pursuant to Collective Bargaining Agreements between the employers and the CHICAGO 

JOURNEYMEN PLUMBERS’ LOCAL UNION 130, U.A., ("Local Union 130").

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3. The Local 130 Trust Funds are multi-employer plans as defined under 29 U.S.C. 

§1002. 

4. The Trust Funds are administered in Chicago, Illinois and venue is proper in the 

Northern District of Illinois.

5. The Defendant is an employer engaged in an industry affecting commerce, which 

entered into a Collective Bargaining Agreement whose terms require Defendants to pay fringe 

benefits to the Trust Funds. 

6. The Agreement and the Collective Bargaining Agreements also bind the 

Defendant to the provisions of the Agreement and Declarations of Trust which created the 

Plumbers’ Local 130, U.A. Trust Funds ("Trust Agreements"). A true and correct copy of the 

Memorandum of Agreement binding Defendant to the terms of the CBA and Trust Agreements 

is attached as Exhibit 1. 

7. The Defendant is required to make contributions to the Local 130 Trust Funds for 

each hour worked by its Plumber employees at the rate and in the manner specified in the 

Collective Bargaining Agreement and Trust Agreements. In addition, the Defendant is required 

to make contributions to the Local 130 Union measured by the hours worked by Plumber

employees and/or Local 130 members at the rate and in the manner specified in the Collective 

Bargaining Agreement and Trust Agreements for the Local 130 Trust Funds. The Defendant is 

also liable for subcontracting plumbing to a company, which does not pay the contributions.

8. The CBA requires the Defendant to submit its books and records to an auditor 

selected by the Fringe Benefit Funds to determine whether the Defendant is complying with its 

contract obligations concerning fringe benefits being paid, wages being paid, and dues 

deductions being paid.

9. The CBA and Trust Agreements provide that employers who do not timely pay all 

contributions are also liable for liquidated damages, interest, audit fees and attorney fees.

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10. The Defendant, AAFAC SERVICES, INC. breached the provisions of the 

Collective Bargaining Agreement and Trust Agreement by failing to failing to remit all fringe 

benefit contributions due for the period of April 2020 to the present. 

11. As a result of said breaches, the Defendant is also liable to the plaintiffs for the 

following ancillary damages on top of the fringe benefit contributions:

a. Attorneys’ fees and costs pursuant to the CBA, Trust Agreements and 29 

U.S.C. §1132(g)(2);

b. Liquidated damages and interest pursuant to the Trust Agreements and 29 

U.S.C. §1132(g)(2); or

c. Double interest pursuant to 29 U.S.C. §1132(g)(2), whichever is greater.

WHEREFORE, Plaintiffs pray:

A. That the Defendant be ordered to pay all fringe benefit contributions shown to be 

due for the time period of April 2020 to the present. 

B. That the Defendant be ordered to pay the attorney and audit fees and costs 

incurred by the Plaintiffs.

C. That the Defendant be ordered to pay liquidated damages and interest or double 

interest.

D. That Plaintiffs have such other and further relief as by the Court may be deemed

just and equitable all at the Defendant's cost.

By: ___/s/ Michael J. McGuire__

 MICHAEL J. MCGUIRE

Michael J. McGuire

ARDC# 6290180

Gregorio ♦ Marco 

Attorney for Plaintiffs

2 N. LaSalle St., Suite 1650

Chicago, IL 60602

312/263-2343

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