IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

TRUSTEES of the CHICAGO REGIONAL COUNCIL )

of CARPENTERS PENSION FUND, CHICAGO )

REGIONAL COUNCIL of CARPENTERS )

SUPPLEMENTAL RETIREMENT FUND, CHICAGO )

REGIONAL COUNCIL of CARPENTERS )

WELFARE FUND, and CHICAGO REGIONAL )

COUNCIL of CARPENTERS APPRENTICE and )

TRAINING PROGRAM, ) CIVIL ACTION

Plaintiffs, ) 

)

v. )

)

BLACKWATER CONSTRUCTION SERVICES CO. )

and STEVE STRIMEL, )

)

Defendants. )

COMPLAINT

Plaintiffs, Trustees of the Chicago Regional Council of Carpenters Pension Fund,

et al., by their attorney, Daniel P. McAnally, complain of the Defendants, Blackwater

Construction Services Co. and Steve Strimel, as follows:

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

Security Act, ERISA, 29 U.S.C. §1132, Section 301(a) of the Labor Management

Relations Act of 1947 ("LMRA"), as amended 29 U.S.C. § 185(a) and the Illinois Wage

Payment and Collection Act ("Wage Act"). 820 ILCS 115/1, et seq. Jurisdiction is

founded on the existence of questions arising there under and 28 U.S.C. §1367. 

2. The Plaintiffs ("Trust Funds") receive contributions from numerous

employers pursuant to Collective Bargaining Agreements between the employers and

the Chicago Regional Council of Carpenters, ("Union"), and therefore, are

multiemployer plans (29 U.S.C. §1002). The Trust Funds are the authorized collection

agent for the Union. The Trust Funds are administered at 12 East Erie Street, Chicago,

Illinois and venue is proper in the Northern District of Illinois.

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3. Blackwater Construction Services Co. is an employer engaged in an

industry affecting commerce which entered into Agreements which require it to pay

fringe benefit contributions to the Trust Funds and to remit dues deducted from the

employees' wages.

4. Delinquent employers are required to pay, in addition to the amounts

determined to be due, reasonable attorney fees, court costs, audit fees and other

reasonable costs incurred in the collection process.

5. Blackwater Construction Services Co. must submit monthly reports listing

the hours worked by its carpenter employees and to make concurrent payment of

contributions and dues to the Trust Funds based upon the hours worked by its carpenter

employees.

6. The Defendants breached the Collective Bargaining Agreement and Trust

Agreements by failing to remit dues and pay fringe benefit contributions in the amount

of $107,244.28 for the period February 2020 through May 2020 and liquidated

damages on these unpaid amounts and on previously paid amounts.

7. At all times material herein, there was in effect the Illinois Wage Payment

and Collection Act ("Wage Act"). 820 ILCS 115/1, et seq. Steve Strimel is an officer of

Blackwater Construction Services Co. and knowingly permitted and willfully refused to

remit dues on behalf of its employees in violation of the Wage Act. 820 ILCS 115/14.

8. Section 13 of the Wage Act provides that "any officers of a corporation or

agents of an employer who knowingly permit such employer to violate the provisions of

this Act shall be deemed to be the employers of the employees of the corporation. 820

ILCS 115/13. Thus, Defendant, Steve Strimel, is an employer within the meaning of the

Wage Act. Defendant deducted dues from the employees wages and failed to remit the

money to the Plaintiffs. The dues are wages as defined by Section 2 of the Illinois Wage

and Payment Collection Act, which have been assigned by the carpenter employees to

the Union. 820 ILCS 115/2. This Court has jurisdiction over this claim pursuant to 28

U.S.C. §1367.

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

10. Plaintiffs have been required to employ the undersigned attorneys to

collect the monies that may be found to be due and owing from Defendants.

11. Defendants are obligated to pay the attorney fees and court costs incurred

by the Plaintiffs pursuant to 29 U.S.C. §1132(g)(2)(D).

12. Pursuant to 29 U.S.C. §1132(g)(2)(B), the Plaintiffs are entitled to interest

on any monies that may be found to be due and owing from the Defendants.

13. Pursuant to 29 U.S.C. §1132(g)(2)(C), Plaintiffs are entitled to an amount

equal to the greater of:

a) double interest on the unpaid contributions; or

b) interest plus liquidated damages provided for under the

Trust Agreements not in excess of 20% of amount that is

due.

14. Pursuant to the Trust Agreements, Plaintiffs are entitled to liquidated

damages at the rate of 1.5% compounded monthly.

WHEREFORE, Plaintiffs pray:

a) That Blackwater Construction Services Co. be ordered to pay $107,244.28

representing contributions for the period February 2020 through May

2020.

b) That Blackwater Construction Services Co. be ordered to pay liquidated

damages pursuant to the Trust Agreements.

c) That Blackwater Construction Services Co. be ordered to pay interest on

the amount that is due pursuant to 29 U.S.C. §1132 (g)(2)(B).

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d) That Blackwater Construction Services Co. be ordered to pay interest or

liquidated damages on the amount that is due pursuant to 29 U.S.C. §1132

(g)(2)(C).

e) That Blackwater Construction Services Co. be ordered to pay the

reasonable attorney's fees and costs incurred by the Plaintiffs pursuant to

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

f) That Steve Strimel be ordered to pay the dues amount that

Defendants deducted from the employees' wages.

g) That Plaintiffs have such other and further relief as by the Court may be

deemed just and equitable all at the Defendants' costs pursuant to 29

U.S.C. §1132(g)(2)(E).

By: s/ Daniel P. McAnally

Attorney for Plaintiffs

Daniel P. McAnally

McGann, Ketterman & Rioux

111 East Wacker Drive, Suite 2600

Chicago, IL 60601

(312) 251-9700

dmcanally@mkrlaborlaw.com

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