ASI Faces Lawsuit
March 5, 2012

by Sahely Mukerji, smukerji@glass.com

The Trustees of the Indiana State Council of Roofers and Health and Welfare Fund have filed a complaint against ASI Ltd. in the U.S. District Court alleging that the company has breached its contract. The suit was filed in Northern District of Indiana on January 24

"This is an action brought pursuant to Section 301 of the Labor Management Relations Act of 1947 ... and also Section 502 of the Employee Retirement Security Act of 1974 ... to compel defendant to comply with the aforesaid Acts and the payments required under its Collective Bargaining Agreement," alleges the complaint.

The Indiana State Council of Roofers Health and Welfare Fund is a multi-employer employee benefit plan that provides health, welfare and other benefits for employees of employers who contribute into its plan, according to court documents.

The Fund alleges that ASI Ltd. signed an agreement with the plaintiff on or about September 2, 2009, to make contributions and payments for health and welfare fund on behalf of the employees, the complaint states. The group further alleges that beginning in November 2011 ASI Ltd. breached that agreement and failed to make the necessary deductions and payments to the plaintiff, according to court documents. Therefore, the Trustees have requested that the court award "whatever damages, including attorney fees, which will compensate them for the defendant's breaches of contract, that the defendant be ordered to comply with said contracts and pay the amounts provided for in said contracts to plaintiff, said health and welfare fund and all other proper remedies, legal and equitable, plus interest and costs," according to court documents.

William J. Tucker of Tucker, Hester LLC of Indianapolis is representing ASI, according to a February 13 court document. Charles L. Berger of Evansville, Ind., is representing the Trustees of the Indiana State Council of Roofers and Health and Welfare Fund.

ASI filed a motion for extension of time of 30 days, to and including March 14, to respond to plaintiff's complaint on February 13.

On February 16, Andrew P. Rodovich, U.S. magistrate judge at the U.S. District Court, Northern District of Indiana, Lafayette Division, set a telephonic pretrial conference before him for March 22 at 1 p.m. (CST), according to court documents.

On February 27, Berger filed an amended complaint with the following organizations added as plaintiffs: the Trustees of the Indiana State Council of Roofers and Health and Welfare Fund; International Union of Painters and Allied Trades Glaziers Local Union 387; International Union of Painters and Allied Trades Glaziers Local Union 387 Pension Fund; International Union of Painters and Allied Trades Glaziers Local Union 387 Southern Ohio Health and Union Fund; and International Union of Painters and Allied Trades Glaziers Local Union 387 Joint Apprenticeship and Training Committee.

On March 2, Rodovich granted ASI the motion for enlargement of time to respond to the plaintiff's complaint, and ordered that ASI has until and including March 14 to respond, move or otherwise answer the plaintiff's amended complaint.

ASI Ltd. suspended operations on December 30, 2011, and resumed operation in mid-January with new ownership.

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