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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ROOFERS’ PENSION FUND; ROOFERS’ 

UNIONS WELFARE TRUST FUND; 

CHICAGOLAND ROOFERS’ 

APPRENTICESHIP AND TRAINING FUND; 

ROOFING INDUSTRY ADVANCEMENT AND 

RESEARCH FUND; ROOFERS’ LOCAL 11 

PROMOTIONAL AND ORGANIZATIONAL 

FUND; NATIONAL ROOFING INDUSTRY 

PENSION PLAN; and UNITED UNION OF 

ROOFERS, WATERPROOFERS AND ALLIED 

WORKERS LOCAL NO. 11, 

Plaintiffs,

vs.

COLEMAN ROOFING, INC., an Illinois 

corporation,

Defendant. 

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NO. 20-cv-4915

JUDGE: 

MAGISTRATE JUDGE: 

COMPLAINT

NOW COME the Plaintiffs, the ROOFERS’ PENSION FUND, et al., by and through their 

attorneys, JOHNSON & KROL, LLC, complaining of the Defendant COLEMAN ROOFING, 

INC. (“COLEMAN ROOFING”) as follows:

JURISDICTION AND VENUE

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

Act (hereinafter referred to as “ERISA”) and Section 301 of the Labor-Management 

Relations Act, 29 U.S.C. §§ 1132, 1145, and 185. The Court has jurisdiction over the 

subject matter of this action pursuant to 29 U.S.C. § 1132(e)(1) 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 ROOFERS’ 

PENSION FUND and the ROOFERS’ UNIONS WELFARE TRUST FUND, along with 

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the CHICAGOLAND ROOFERS’ APPRENTICESHIP AND TRAINING FUND and the 

NATIONAL ROOFING INDUSTRY PENSION PLAN (collectively referred to as the 

“TRUST FUNDS”), are administered at 2021 Swift Drive, Suite B, Oak Brook, Illinois 

and pursuant to 28 U.S.C. § 1391(b)(2) in that a substantial part of the events or omissions 

giving rise to the Plaintiffs’ claims occurred in the Northern District of Illinois, Eastern 

Division. 

PARTIES

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

Standard Working Agreement (“SWA”) negotiated between the UNITED UNION OF 

ROOFERS, WATERPROOFERS, AND ALLIED WORKERS LOCAL NO. 11 (“LOCAL

11”) and the Labor Relations Group of the Chicago Roofing Contractors Association, Inc.

(“CRCA”), and therefore are multi-employer plans under 29 U.S.C. § 1002. 

4. The ROOFERS’ LOCAL 11 PROMOTIONAL AND ORGANIZATIONAL FUND 

(“PROMOTIONAL FUND”) is a labor management cooperation committee that is 

administered in Westchester, Illinois. 

5. The ROOFING INDUSTRY ADVANCEMENT AND RESEARCH FUND 

(“INDUSTRY FUND”) is an industry improvement fund administered in Hillside, Illinois. 

6. The Defendant COLEMAN ROOFING is an Illinois corporation with its principal place of 

business in Chicago Heights, Illinois. 

COUNT I

BREACH OF THE COLLECTIVE BARGAINING AGREEMENT

7. Plaintiffs re-allege and incorporate the allegations contained in paragraphs 1-6 of this 

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

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8. COLEMAN ROOFING assigned its bargaining rights for purposes of negotiating 

collective bargaining agreements with LOCAL 11 to the CRCA. 

9. Through this relationship, COLEMAN ROOFING agreed to be bound to the SWA 

negotiated between LOCAL 11 and the CRCA. (A copy of the SWA is attached as Exhibit 

1). 

10. Pursuant to the terms and conditions set forth in the SWA, COLEMAN ROOFING also 

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

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

11. Pursuant to the Trust Agreements, the Trustees adopted the Employer Contribution 

Collection and Audit Procedures (“Collection and Audit Procedures”) to administer the 

collection of contributions from employers and to conduct routine audits to ensure 

compliance with the terms of the Trust Agreements and SWA. (The Collection and Audit

Procedures are attached as Exhibit 2). 

12. The provisions of the SWA, Trust Agreements and the Collection and Audit Procedures 

require COLEMAN ROOFING to make monthly reports of hours worked by bargaining 

unit employees and pay contributions to the TRUST FUNDS, the INDUSTRY FUND, and 

the PROMOTIONAL FUND for each hour worked pursuant to the SWA at the negotiated 

rate. 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. 

13. Pursuant to the terms of the SWA, employers are required to deduct a dues assessment for 

each hour worked by its employees under the SWA from its employees’ wages and remit 

the deduction to LOCAL 11 on a monthly basis. The dues during all relevant times were 

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

which the work was performed.

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

Trust Agreements, and Collection and Audit Procedures, employers who fail to timely 

submit their monthly remittance reports and contributions to the TRUST FUNDS, the 

INDUSTRY FUND, and the PROMOTIONAL FUND, and dues to LOCAL 11, on a 

timely basis are responsible for the payment of liquidated damages equal to 10% of the 

amount unpaid and interest at the prime rate as published by the Wall Street Journal plus 4 

percentage points for each month that contributions remain unpaid, plus any reasonable 

attorney’s fees and costs of maintaining suit. 

15. In order to verify an employer’s compliance with the SWA, Trust Agreements, and 

Collection and Audit Procedures, the TRUST FUNDS may perform a payroll compliance 

audit of an employer at any time. 

16. The SWA and Collection and Audit Procedures provide that employers must provide any 

“financial records deemed necessary by the auditor to enable the auditor to render the 

necessary opinion.” (Exhibit 2).

17. Further, Article X, Section 12 of the SWA provides that: 

The Employer shall furnish to the Trustees of any trust fund to which 

contributions are obligated by this Working Agreement, upon written 

request of each such trust fund, such information and reports as the Trustees 

or their Auditor may require in the performance of their duties, including, 

but not limited to: each employee’s payroll records (regardless of craft or 

occupation) . . . any other financial records deemed necessary by the Auditor 

to enable the auditor to render the necessary opinions . . .

(Exhibit 2). 

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18. On several occasions, Plaintiffs’ auditor has attempted to contact COLEMAN ROOFING

requesting copies of the records and documents in order to conduct a payroll compliance 

audit. 

19. COLEMAN ROOFING has refused to cooperate with the requests for these records to 

complete the audit. 

20. A payroll audit of COLEMAN ROOFING is necessary to determine the exact amount of 

damages owed by COLEMAN ROOFING.

21. COLEMAN ROOFING owes the Plaintiffs all contributions, union dues, liquidated 

damages, interest, and audit fees revealed to be due and owing by the payroll compliance 

audit, in addition to any other contributions, union dues, liquidated damages, interest and 

fees and costs which may become due and owing. 

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

23. Defendant COLEMAN ROOFING is obligated to pay the reasonable attorney’s fees and 

court costs incurred by the Plaintiffs pursuant to the SWA, Trust Agreements, Collection 

and Audit Procedures and 29 U.S.C. § 1132(g)(2)(D). 

WHEREFORE, Plaintiffs respectfully request the following relief: 

A. That an Order be entered requiring the Defendant COLEMAN ROOFING to comply with 

a payroll compliance audit and produce any and all payroll documents and other corporate 

records necessary to complete the audit; 

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

ROOFING for all contributions, union dues, liquidated damages, interest and auditor fees 

revealed by the payroll compliance audit; 

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C. That Judgment be entered in favor of Plaintiffs and against Defendant COLEMAN 

ROOFING for all other contributions, union dues, liquidated damages, interest and fees 

and costs which may become due and owing; 

D. That Defendant COLEMAN ROOFING be ordered to pay the reasonable attorneys’ fees 

and costs incurred by the Plaintiff pursuant to the SWA, Trust Agreements, Collection and 

Audit Procedures and 29 U.S.C. §1132(g)(2)(D); and

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

all at the cost of Defendant COLEMAN ROOFING, pursuant to 29 U.S.C. § 1132(g)(2)(E).

Respectfully Submitted,

ROOFERS PENSION FUND 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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