Glaziers, Architectural Metal and Glass Workers Local Union No. 27 Welfare and Pension Funds v. Pinto Glass & Mirror Company, Inc.

Filing 13

MOTION by Plaintiff Glaziers, Architectural Metal and Glass Workers Local Union No. 27 Welfare and Pension Funds for judgment (Attachments: # 1 Affidavit Affidavit of Richard J. Wolf and Audit, # 2 Affidavit Affidavit of Andrew S. Pigott, # 3 Text of Proposed Order Order)(Pigott, Andrew)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
GLAZIERS, ARCHITECTURAL METAL
AND GLASS WORKERS LOCAL
UNION NO. 27 WELFARE AND
PENSION FUNDS,
PLAINTIFFS,
V.
PINTO GLASS & MIRROR COMPANY, INC.,
an Illinois corporation,
DEFENDANT.

)
)
)
) NO. 12 C 5967
)
) JUDGE SHADUR
)
) MAGISTRATE JUDGE SCHENKIER
)
)
)
)
)

MOTION FOR JUDGMENT
NOW COME the Plaintiffs, by and through their attorneys, and, in their Motion for
Judgment, state as follows:
1. Plaintiffs filed their Complaint seeking an order compelling Defendant to submit to
an ERISA fringe benefit contributions audit on July 30, 2012.
2. Subsequently, Defendant partially submitted to audit on a voluntary basis, and
Plaintiffs obtained those records Defendant could not produce from a third-party via subpoena.
3. According to the affidavit of Richard J. Wolf (Ex. A), Plaintiffs’ auditor, Defendant is
in arrears to the Plaintiffs in the following amounts, for the period October 1, 2011 through
September 21, 2012:
a. $11,769.00 in Pension Fund contributions;
b. $17,771.00 in Welfare Fund contributions;
c. $1,035.35 in Apprenticeship Fund contributions;
d. $225.08 in S.T.A.R. contributions;
e. $75.03 in Safety Fund contributions;

f. $75.03 Local Political Committee contributions;
g. $1,404.13 in Union dues;
h. $4,853.19 in liquidated damages permitted under Defendant’s Collective
Bargaining Agreement and the Funds’ Trust Agreements;
i. $4,610.07 in late fees/liquidated damages preceding the audit;
j. $540.00 in audit costs attributable to Defendant under Defendant’s Collective
Bargaining Agreement and the Funds’ Trust Agreements;
4. According to the affidavit of Andrew S. Pigott (Ex. B), one of Plaintiffs’ counsel, the
Plaintiff Funds have incurred $8,775.00 in attorneys’ fees and costs in prosecuting this matter.
WHEREFORE, for all the foregoing reasons, Plaintiffs ask this Court to enter the Order
attached to this Motion as Exhibit C.
Respectfully submitted,
GLAZIERS, ARCHITECTURAL
METAL AND GLASS WORKERS
LOCAL UNION NO. 27 WELFARE
AND PENSION FUNDS
By:

Donald D. Schwartz
Andrew S. Pigott
ARNOLD AND KADJAN
203 N. LaSalle St., Ste. 1650
Chicago, IL 60601
[phone]

s/ Andrew S. Pigott
One of their Attorneys