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 ) Case No. 

Administrator of the Funds, )

)

Plaintiffs, ) 

v. )

)

ILLINOIS PAVING COMPANY, an ) 

Illinois corporation, )

)

Defendant. ) 

COMPLAINT

Plaintiffs, Chicago & Vicinity Laborers’ District Council Pension Fund, Chicago 

& Vicinity Laborers’ District Council Health & Welfare Fund, Chicago & Vicinity 

Laborers’ District Council Retiree Health & Welfare Fund, and Catherine Wenskus, not 

individually but as Administrator of the Funds, (collectively the “Funds”), by their 

attorneys Patrick T. Wallace, Amy Carollo, G. Ryan Liska, Katherine C.V. Mosenson 

and Sara S. Schumann, and for their Complaint against Illinois Paving Company, state:

COUNT I

(Failure to Submit to an Audit to Determine 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. 

20 C 4888

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§§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.

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 benefit plans within the meanings of 

Sections 3(3) and 3(37) of ERISA. 29 U.S.C. §1002(3) and 37(A). They are established 

and maintained pursuant to their respective Agreements and Declarations of Trust in 

accordance with Section 302(c)(5) of the LMRA. 29 U.S.C. § 186(c)(5). The Funds 

have offices and conduct business within this District.

4. Plaintiff Catherine Wenskus (“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 Illinois Paving Company (hereinafter the “Company”) is an

Illinois corporation. At all times relevant herein, the Company did business within this 

District and was 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).

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

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

bargaining agreements, the most recent of which became effective June 1, 2017 

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

and the Company which Agreement adopts and incorporates Master Agreements between 

the Union and various employer associations, and also binds the Company to the 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 Illinois Small Pavers Association (the “ISPA”), the 

Midwest Construction Industry Advancement Fund (the “MCIAF”), the 

CDCNI/CAWCC Contractors’ Industry Advancement Fund (the “Wall & Ceiling Fund”), 

the CISCO Uniform Drug/Alcohol Abuse Program (“CISCO”), the Laborers’ District 

Council Labor Management Committee Cooperative (“LMCC”), the CARCO Industry 

Advancement Fund (“CARCO”), the Underground Contractors Association (“UCA”), 

and the Chicago Area Independent Construction Association (“CAICA”) 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 the 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 the Company, inter alia, identifies the 

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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

and interest.

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

Trust require the 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, the Company performed 

covered work during the time period of July 1, 2016 forward. The Funds demanded an 

audit and the Company failed to submit to an audit for the time period of July 1, 2016

forward, thereby depriving the Funds of information needed to administer the Funds and 

jeopardizing the benefits of the participants and beneficiaries.

11. Under the terms of the Agreement and the Funds’ respective Agreements 

and Declarations of Trust, the Company is liable for the costs of any audit which reveals 

unpaid contributions. 

12. The Agreement requires the Company to obtain and maintain a surety 

bond to guaranty the payment of future wages, pension and welfare benefits.

13. The Company failed to obtain and maintain a surety bond.

14. The Company’s actions in failing to submit to an audit to determine 

benefit contribution compliance violate Section 515 of ERISA, 29 U.S.C. §1145. 

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15. 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, and the terms of the Agreement and the Funds’ 

respective Trust Agreements, the Company is liable to the Funds for unpaid 

contributions, as well as interest and liquidated damages on the unpaid contributions,

audit costs, and 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 Illinois Paving Company:

a. ordering the Company to submit its books and records to an audit for the 

time period of July 1, 2016 forward to determine benefit contribution compliance;

b. ordering the Company to obtain and maintain a surety bond;

c. retaining jurisdiction to enter judgment in sum certain on the amounts 

revealed as owing on the audit, including contributions, interest, liquidated damages, 

audit costs, and Plaintiffs’ reasonable attorneys’ fees and costs; and

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

deems appropriate.

COUNT II

(Failure to Submit to an Audit to Determine Dues Contributions Compliance)

16. Plaintiffs reallege paragraphs 1 through 15 as though fully set forth herein.

17. 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 

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from employers union dues which have been or should have been deducted from the 

wages of covered employees.

18. Notwithstanding the obligations imposed by the Agreement, the Company

performed covered work during the time period of July 1, 2016 forward and failed to 

submit its books and records to a requested audit to determine dues contributions 

compliance for the time period of July 1, 2016 forward, thereby depriving the Union of 

information. 

19. Pursuant to the Agreement and federal common law, the Company is

liable to the Funds for the unpaid union dues, as well as liquidated damages, accumulated 

liquidated damages, audit costs, and 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 Illinois Paving Company:

a. ordering Defendant to submit the Company’s books and records to an 

audit for the time period of July 1, 2016 forward to determine dues contributions 

compliance;

b. retaining jurisdiction to enter judgment in sum certain on the amounts 

revealed as owing on the audit, including contributions, liquidated damages, audit costs, 

and Plaintiffs’ reasonable attorneys’ fees and costs; and

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

deems appropriate.

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COUNT III

(Failure to Submit Reports and Pay Employee Benefit Contributions)

20. Plaintiffs reallege paragraphs 1 through 15 as though fully set forth herein.

21. Notwithstanding the obligations imposed by the Agreement and the 

Funds’ respective Agreements and Declarations of Trust, the Company has:

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

Fund for the period of July 2016 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 for the period of July 2016 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 to Plaintiff Retiree Health and 

Welfare Fund for the period of July 2016 forward, thereby depriving the Retiree Health 

and 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 July 2016 forward, thereby depriving the Laborers’ Training Fund of 

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

the training fund benefits of the participants and beneficiaries; and 

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

affiliated funds identified above for the period of July 2016 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. 

22. 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.

23. 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, the Company is liable to the Funds for 

unpaid contributions, as well as interest and liquidated damages on the unpaid 

contributions and paid late contributions, accumulated liquidated damages, reasonable 

attorneys’ fees and costs, and such other legal and equitable relief as the Court deems 

appropriate.

WHEREFORE, Plaintiffs respectfully request that this Court enter judgment 

against Defendant Illinois Paving Company:

a. ordering the Defendant to submit the Company’s benefit reports and 

contributions for the time period of July 2016 forward; 

b. entering judgment in sum certain against the Company on the amounts due 

and owing as pleaded in the complaint, including the July 2016 forward reports to be 

submitted, including contributions, interest, liquidated damages, accumulated liquidated 

damages and attorneys’ fees and costs; and

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

deems appropriate.

COUNT IV

(Failure to Submit Reports and Pay Union Dues)

24. Plaintiffs reallege paragraphs 1 through 15 of Count I and paragraphs 16-

19 of Count II.

25. 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 10 percent liquidated damages. 

26. Notwithstanding the obligations imposed by the Agreement, the Company 

failed to withhold 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 July 2016 forward, 

thereby depriving the Union of income and information necessary to determine dues 

submission compliance.

27. Pursuant to the Agreement and Federal Common Law, the Company is 

liable to the Funds for the unpaid union dues, as well as liquidated damages, accumulated 

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 Illinois Paving Company, as follows:

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a. ordering the Defendant to submit the Company’s dues reports and dues for 

the period of July 2016 forward, including dues, interest, liquidated damages, 

accumulated liquidated damages, and attorneys’ fees and costs; 

c. entering judgment in sum certain against the Company on the amounts due 

and owing as pled in the Complaint, and pursuant to the July 2016 forward dues reports 

and audit, if any, including dues, interest, liquidated damages, accumulated liquidated 

damages and attorneys’ fees and costs; and

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

deems appropriate.

August 20, 2020 Laborers’ Pension Fund, et al.

Respectfully submitted,

By: /s/ Amy Carollo

Amy Carollo

Amy Carollo

Office of Fund Counsel

111 W. Jackson Blvd.

Suite 1415

Chicago, IL 60604

(312) 692-1540

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