IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

CHICAGO & VICINITY LABORERS’ ) 

DISTRICT COUNCIL PENSION FUND, ) 

CHICAGO & VICINITY LABORERS’ ) 

DISTRICT COUNCIL WELFARE FUND, ) 

CHICAGO & VICINITY LABORERS’ ) 

DISTRICT COUNCIL RETIREE HEALTH ) 

AND WELFARE FUND, and CATHERINE ) 

WENSKUS, not individually but as ) 

Administrator of the Funds, ) 

) 

Plaintiffs, ) Case No: 20-cv-4995 

v. ) 

) 

SONOMA CONSTRUCTION, LLC., ) 

 an Illinois corporation, ) 

 ) 

 Defendant. ) 

COMPLAINT 

Plaintiffs Laborers’ Pension Fund and Laborers’ Welfare Fund of the Health and Welfare 

Department of the Construction and General Laborers’ District Council of Chicago and Vicinity, 

the Chicago Laborers’ District Council Retiree Health and Welfare Fund, and Catherine 

Wenskus, Administrator of the Funds (hereinafter collectively “Funds”), by their attorneys, 

Patrick T. Wallace, Amy N. Carollo, G. Ryan Liska, Katherine C. Mosenson and Sara S. 

Schumann for their Complaint against Defendant Sonoma Construction, LLC.: 

COUNT I

(Failure to Timely Pay Employee Benefit Contributions) 

1. Jurisdiction is based on Sections 502(e)(1) and (2) and 515 of the Employee 

Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §§1132 (e)(1) and 

(2) and 1145, Section 301(a) of the Labor Management Relations Act (“LMRA”) of 1947 as 

amended, 29 U.S.C. §185(a), 28 U.S.C. §1331, and federal common law. 

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2. Venue is proper pursuant to Section 502(e)(2) of ERISA, 29 U.S.C. §1132(e)(2), 

and 28 U.S.C. §1391 (a) and (b). 

3. The Funds are multiemployer Trusts established pursuant to Section 302(c)(5) of 

the LMRA. 29 U.S.C. § 186(c)(5). The Funds maintain their respective Plans, which are 

multiemployer benefit plans within the meanings of Sections 3(3) and 3(37) of ERISA, 29 

U.S.C. § 1002(3) and 37(A), pursuant to their respective Agreements and Declarations of Trust 

in accordance with Section 302(c)(5) of the LMRA. The Funds have offices and conduct 

business within this District. 

4. Plaintiff Catherine Wenskus is the Administrator of the Funds, and has been duly 

authorized by the Funds’ Trustees to act on behalf of the Funds in the collection of employer 

contributions owed to the Funds and to the Construction and General District Council of Chicago 

and Vicinity Training Fund, and with respect to the collection by the Funds of amounts which 

have been or are required to be withheld from the wages of employees in payment of Union dues 

for transmittal to the Construction and General Laborers’ District Council of Chicago and 

Vicinity (the “Union”). With respect to such matters, Wenskus is a fiduciary of the Funds within 

the meaning of Section 3(21)(A) of ERISA, 29 U.S.C. §1002(21)(A). 

5. Defendant Sonoma Construction, LLC.(hereinafter “Company”) conducts 

business within this District and was at all times relevant herein an employer within the meaning 

of Section 3(5) of ERISA, 29 U.S.C. §1002(5), and Section 301(a) of the LMRA, 29 U.S.C. 

§185(c). 

6. The Union is a labor organization within the meaning of 29 U.S.C. 

§185(a). The Union and Company have been parties to a collective bargaining 

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agreement, since June 21, 2000, the most recent becoming effective June 1, 2017. 

(“Agreement”). (A copy of the “short form” Agreement entered into between the Union and 

Company which Agreement adopts and incorporates Master Agreements between the Union and 

various employer associations, and also binds Company to Funds’ respective Agreements and 

Declarations of Trust is attached hereto as Exhibit A.) 

 7. The Funds have been duly authorized by the Construction and General Laborers’ 

District Council of Chicago and Vicinity Training Fund (the “Training Fund”), the Midwest 

Construction Industry Advancement Fund (“MCIAF”), the Chicagoland Construction Safety 

Council (the “Safety Fund”), the Laborers’ Employers’ Cooperation and Education Trust 

(“LECET”), the Builders Association (“BAC”), Chicago Area Independent Construction 

Association (“CAICA”), the CISCO Uniform Drug/Alcohol Abuse Program (“CISCO”), the 

Industry Advancement Fund (“IAF”), and the Laborers’ District Council Labor Management 

Committee Cooperative (“LDCLMMC”), to act as an agent in the collection of contributions due 

to those funds. 

8. The Agreement and the Funds’ respective Agreements and Declarations of Trust 

obligate Company to make contributions on behalf of its employees covered by the Agreement 

for pension benefits, health and welfare benefits, for the training fund and to submit monthly 

remittance reports in which Company, inter alia, identifies the employees covered under the 

Agreement and the amount of contributions to be remitted to the Funds on behalf of each 

covered employee. Pursuant to the terms of the Agreement and the Funds’ respective 

Agreements and Declarations of Trust, contributions which are not submitted in a timely fashion 

are assessed liquidated damages plus interest. 

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9. The Agreement and the Funds’ respective Agreements and Declarations of Trust 

require Company to submit its books and records to the Funds on demand for an audit to 

determine benefit contribution compliance. 

10. Notwithstanding the obligations imposed by the Agreement and the Funds’ 

respective Agreements and Declarations of Trust, Company performed covered work during the 

months of November 2018 forward, but has: 

 (a) failed to submit reports and contributions to Plaintiff Laborers’ Pension Fund for 

the period of May 2020 forward , thereby depriving the Laborers’ Pension Fund of contributions, 

income and information needed to administer the Fund and jeopardizing the pension benefits of 

the participants and beneficiaries; 

(b) failed to submit reports and contributions to Plaintiff Laborers’ Welfare Fund of 

the Health and Welfare Department of the May 2020 forward, thereby depriving the Welfare 

Fund of contributions, income and information needed to administer the Fund and jeopardizing 

the health and welfare benefits of the participants and beneficiaries; 

(c) failed to submit reports and contributions owed to Plaintiff Laborers’ District 

Council Retiree Health and Welfare Fund of the Construction and General Laborers’ District 

Council of Chicago and Vicinity for the period of May 2020 forward, thereby depriving the 

Retiree Welfare Fund of contributions, income and information needed to administer the Fund 

and jeopardizing the health and welfare benefits of the participants and beneficiaries; 

(d) failed to submit reports and contributions to Laborers’ Training Fund for the 

period of May 2020 forward , thereby depriving the Laborers’ Training Fund of contributions, 

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income and information needed to administer the Fund and jeopardizing the training fund 

benefits of the participants and beneficiaries; and 

(e) failed to report and pay all contributions owed to one or more of the other 

affiliated funds identified above for the period of May 2020 forward , thereby depriving said 

fund(s) of contributions, income and information needed to administer said fund(s) and 

jeopardizing the benefits of the participants and beneficiaries. 

11. The Company failed to timely submit and pay its monthly fringe benefit reports 

for months January 2019, August 2019 through November 2019, January 2020 and February 

2020 and as a result was assessed liquidated damages at 10% of report amount. Those liquidated 

damages total $7,287.29 and are owed by the Company. 

12. The Company’s actions in failing to submit timely reports and contributions 

violate Section 515 of ERISA, 29 U.S.C. §1145, and Section 301 of the LMRA. 29 U.S.C. §185, 

and federal common law interpreting ERISA, 29 U.S.C. §1132 (g)(2). 

13. Pursuant to Section 502(g)(2) of ERISA, 29 U.S.C. §1132 (g)(2), Section 301 of 

the LMRA, 29 U.S.C. §185, federal common law, and the terms of the Agreement and the 

Funds’ respective Trust Agreements, Company is liable to the Funds for delinquent 

contributions, liquidated damages, interest, audit costs, reasonable attorneys’ fees and costs, and 

such other legal and equitable relief as the Court deems appropriate. 

WHEREFORE, Plaintiffs respectfully request this Court enter a judgment against 

Defendant Sonoma Construction, LLC. as follows: 

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a. ordering Sonoma Construction, LLC. to submit benefits reports and contributions 

for the time period of May 2020 forward ; 

b. entering judgment in sum certain against Sonoma Construction, LLC. on the 

amounts due and owing pursuant to the amounts pleaded in the Complaint, the May 2020 

forward reports, if any, including contributions, interest, liquidated damages, accumulated 

liquidated damages totaling $7,287.29 and attorneys’ fees and costs; 

c. awarding Plaintiffs any further legal and equitable relief as the Court deems 

appropriate. 

COUNT II

(Failure To Submit Reports and Pay Union Dues)

14. Plaintiffs re-allege paragraphs 1 through 13 of Count I as though fully set forth 

herein. 

15. Pursuant to agreement, the Funds have been duly designated to serve as collection 

agents for the Union in that the Funds have been given the authority to collect from employers 

union dues which should have been or have been deducted from the wages of covered 

employees. 

16. Dues reports and contributions are due by the 10th day following the month in 

which the work was performed. Dues reports and contributions which are not submitted in a 

timely fashion are assessed liquidated damages. 

17. Notwithstanding the obligations imposed by the Agreement, Company has 

performed covered work during the months of May 2020 forward and has failed to withhold 

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and/or report to and forward union dues that were deducted or should have been deducted from 

the wages of its employees for the period of November 2018 forward, thereby depriving the 

Union of income and information. 

 18. Pursuant to the Agreement, Company is liable to the Funds for the unpaid union 

dues, as well as liquidated damages, audit costs, reasonable attorneys’ fees and costs as the 

Union’s collection agent, and such other legal and equitable relief as the Court deems 

appropriate. 

 WHEREFORE, Plaintiffs respectfully request that this Court enter judgment against 

Defendant Sonoma Construction, LLC..: 

a. ordering Sonoma Construction, LLC. to submit May 2020 forward reports and 

contributions; 

b. entering judgment in sum certain against Sonoma Construction, LLC. on the 

amounts due and owing, if any, as revealed by the reports to be submitted, including dues 

contributions, liquidated damages, and attorneys’ fees and costs; and 

c. awarding Plaintiffs any further legal and equitable relief as the Court deems 

appropriate. 

August 25, 2020 Respectfully submitted, 

 LABORERS’ PENSION FUND, et al. 

By: /s/ G. Ryan Liska 

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Laborers’ Pension and Welfare Funds 

Office of Fund Counsel 

111 W. Jackson Blvd., Suite 1415 

Chicago, IL 60604 

(312) 692-1540 

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EXHIBIT A

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