Patrick N. Ryan|ilnd|IRON WORKERS' MID-AMERICA PENSION PLAN ... -- eLawyers

Filed: Aug. 04, 2015
Latest Update: Aug. 04, 2015

Summary: MOTION FOR ENTRY OF DEFAULT AND JUDGMENT THOMAS M. DURKIN , District Judge . NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, HARLEY ERECTORS, INC., an Illinois corporation, in the total amount of $147,204.67, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $4,356.00. 1. Plaintiffs original complaint was brought solely under ERISA, 29 U.S.C. 1132, 1145, to recover unpaid contributions, liquidated damages, au

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT

THOMAS M. DURKIN, District Judge.

NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, HARLEY ERECTORS, INC., an Illinois corporation, in the total amount of $147,204.67, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $4,356.00.

1. Plaintiffs original complaint was brought solely under ERISA, 29 U.S.C. 1132, 1145, to recover unpaid contributions, liquidated damages, audit costs, NSF Fees, court costs and attorneys fees. The summons and complaint were served on Defendant on June 11, 2015. A true and correct copy of the summons and affidavit of service is attached hereto as Exhibit A.

2. On June 18, 2015, Plaintiffs filed their First Amended Complaint, adding Local 112 as a Plaintiff and adding a count to recover dues under the LMRA, 29 U.S.C. § 185. The First Amended Complaint was served on Defendant's Registered Agent on July 1, 2015. A true and correct copy of the first amended complaint and affidavit of service is attached hereto as Exhibit B.

3. Defendant's answer to the first amended complaint was due by July 16, 2015. As Defendant has failed to timely answer the First Amended Complaint, Plaintiffs respectfully request entry of default and judgment in the amounts set forth herein.

4. Defendant is bound to various collective bargaining agreements with Local Unions affiliated with the International Association of Iron Workers, including Locals 111, 112 and 444, each of which require Defendant to report and pay fringe benefit contributions and wage deductions to Plaintiffs (Ex. C, Burke Aff., ¶ 4; Ex. D, Stanley Aff., ¶ 4). Plaintiff Funds act as the collecting agent for contributions required under these agreements for smaller funds, including apprenticeship funds, building trades funds, industry advancement funds, and other related funds (Ex. C, Burke Aff., ¶ 4). The collective bargaining agreements incorporate the Trust Agreements establishing and governing the Plaintiff Funds (Ex. C, Burke Aff., ¶ 4).

5. A review of Defendant's payroll books and records was conducted by Legacy Professionals, LLP, Certified Public Accountants covering the period from December 1, 2012 through December 31, 2014 (Ex. C, Burke Aff., ¶ 7). Based upon the additional hours itemized in Legacy's report and all other evidence and records of payments from Defendant maintained by the Funds, the following contributions and liquidated damages are due from the Defendant to the Plaintiff Funds:

Liquidated Plaintiff Fund Contributions Damages Mid-America Pension Fund $7,163.28 $1,909.38 Supplemental Monthly Annuity (SMA) $5,636.51 $1,487.50

(Ex. C, Burke Aff., ¶ 8).

6. Legacy Professionals, LLP has charged the Trustees the sum of $1,631.86 for auditing fees, which sum has been paid by the Funds (Ex. C, Burke Aff., ¶ 9).

7. Defendant submitted reports and contributions for work in Local 112's jurisdiction for November 2014, but underpaid the contributions due the Funds by $224.16, thus incurring liquidated damages of $21.69 (Ex. C, Burke Aff., ¶ 10).

8. Defendant submitted reports and contributions for work in Local 112's jurisdiction for February 2015, but the check submitted therewith was dishonored by Defendant's bank. Consequently, Defendant still owes contributions of $29,995.41, plus liquidated damages of $1,658.42, and NSF fees of $400.00 (Ex. C, Burke Aff., ¶ 11).

9. Defendant has not submitted reports or contributions for work performed in any Local Union's jurisdiction for March 2015 through July 2015. However, based on check stubs, invoices and/or time sheets received from Defendant's covered employees and general contractors in Local 112's jurisdiction through July 2015, Defendant is currently known to owe the Funds the following:

Liquidated Plaintiff Fund Contributions Damages Mid-America Pension Plan $40,476.94 $1,203.87 Supplemental Monthly Annuity (SMA) Fund $32,639.34 $967.85 Other Funds $ 6,144.29

(Ex. C, Burke Aff., ¶ 12).

10. Defendant further owes Plaintiffs liquidated damages on contributions reported and paid late between April 2014 and January 2015 totaling $4,683.43 (Ex. C, Burke Aff., ¶ 13).

11. Based on reports submitted to Plaintiffs by Harley for the months of February 2015 and based on check stubs and timesheets for March through May 2015, Defendant owes Local 112 dues totaling $10,960.74 (Ex. D, Stanley Aff., ¶ 7).

12. Plaintiffs have incurred and are entitled to recover their reasonable court costs and attorneys' fees of $4,356.00 (Ex. E, Chapman Aff., ¶ 10).

WHEREFORE, Plaintiffs respectfully request that judgment by default be entered in their favor, against Defendant, in the total amount of $151,560.67.

EXHIBIT A

UNITED STATES DISTRICT COURT Northern District of Illinois SUMMONS IN A CIVIL CASE IRON WORKERS' MID-AMERICA PENSION PLAN, et al. CASE NUMBER: 15 C 4936 V. ASSIGNED JUDGE: THOMAS M. DURKIN HARLEY ERECTORS, INC., an Illinois corporation DESIGNATED MAGISTRATE JUDGE GERALDINE SOAT BROWN TO: (Name and address of Defendant) Harley Erectors, Inc. c/o Hasselberg, Rock, Bell & Kuppl, Registered Agent 4600 N. Brandywine Drive, Suite 200 Peoria, IL 61614

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY (name and address)

Patrick N. Ryan Baum Sigman Auerbach & Neuman, Ltd, 200 W. Adams Street, Suite 2200 Chicago, IL 60606-5231 (312) 216-2573

an answer to the complaint which is herewith served upon you, within Twenty-one (21) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service. Thom

THOMAS G. BRUTON, CLERK THOMAS G. BRUTON, CLERK DATE June 4, 2015. _______________________ _______________________ (By) DEPUTY CLERK DATE

EXHIBIT B

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IRON WORKERS' MED-AMERICA PENSION PLAN, IRON WORKERS' MID-AMERICA SUPPLEMENTAL MONTHLY CIVIL ACTION ANNUITY (SMA) FUND, NO. 15 C 4936 JOSEPH J. BURKE, as Administrative Manager, and IRON WORKERS' LOCAL 112 JUDGE THOMAS M. DURKIN Plaintiffs, MAGISTRATE JUDGE BROWN vs. HARLEY ERECTORS, INC., an Illinois corporation, Defendant.

FIRST AMENDED COMPLAINT

The Plaintiffs, IRON WORKERS' MID-AMERICA PENSION PLAN, IRON WORKERS' MID-AMERICA SUPPLEMENTAL MONTHLY ANNUITY (SMA) FUND and JOSEPH J. BURKE, as Administrative Manager (collectively, "Funds"), and IRON WORKERS LOCAL 112 ("Local 112"), by their attorneys, complaining of the Defendant, HARLEY ERECTORS, INC., an Illinois corporation, allege as follows:

COUNT I

(Funds' claim for unpaid contributions under ERISA)

1. This Count arises under the laws of the United States and is brought pursuant to the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1132, 1145 (hereinafter referred to as "ERISA"). Jurisdiction is based upon the existence of questions arising thereunder, as hereinafter more fully appears.

2. Plaintiffs, the IRON WORKERS' MID-AMERICA PENSION PLAN and IRON WORKERS' MID-AMERICA SUPPLEMENTAL MONTHLY ANNUITY (SMA) FUND, are pension and related joint, labor-management funds and bring this action as "employee pension benefit funds", and "plans", under ERISA and Plaintiff, JOSEPH J. BURKE, is the Administrative Manager of Plaintiff Funds and a fiduciary with respect thereto. Plaintiff Funds are administered within this District

3. Plaintiffs have further been engaged to collect contributions due to various other jointly administered trust funds, including the Local 112 IMPACT Fund, Local 112 Apprentice Training Fund, Local 112 CCDL Fund, and Local 112 Building Trades Fund.

4. Defendant is bound to one or more collective bargaining agreements, including a collective bargaining agreement with Local 112, which obligates Defendant to report and pay fringe benefit contributions and wage deductions to the Funds. The collective bargaining agreements further incorporate and bind Defendant to the Agreements and Declarations of Trust establishing and outlining the administration of the Funds.

5. As an employer obligated to make fringe benefit contributions to the Funds under the terms of the Trust Agreements and collective bargaining agreements, Defendant is specifically required to do the following:

(a) To submit to Plaintiffs for each month, by the 15th day of the month following the month for which the report is made, a report stating the names, social security numbers, and total hours worked or for which wages were received in such month by each and every person on whose behalf contributions are required to be made by Defendant to Plaintiffs; or, if no such persons are employed for a given month, to submit a report so stating; (b) To have a duly authorized agent verify said reports by signature and to accompany the reports with payment of contributions based upon an hourly rate as stated in the applicable agreements; (c) To make all of its payroll books and records available to Plaintiffs for the purpose of auditing same, to determine whether Defendant is making full payment as required under the applicable agreements; (d) To compensate Plaintiffs for the additional administrative costs and burdens imposed by Defendant's failure to pay, or untimely payment of, contributions, by way of the payment of liquidated damages in the amount of 1½% per month on the whole amount of contributions remaining from time to time unpaid, together with interest as provided in ERISA, 29 U.S.C. § 1132(g); (e) To pay any and all costs incurred by Plaintiffs in auditing Defendant's payroll records, should it be determined that Defendant was delinquent in the reporting or submission of all contributions required of it to be made to Plaintiffs; (f) To pay Plaintiffs' reasonable attorneys' fees and costs necessarily incurred in the prosecution of any action to require Defendant to submit its payroll books and records for audit or to recover delinquent contributions; (g) To furnish to Plaintiffs a bond with good and sufficient surety thereon, in an amount acceptable to Plaintiffs, to cover future contributions due the Plaintiffs.

6. Defendant is delinquent and has breached its obligations to Plaintiffs and its obligations under the plans in the following respects:

(a) Defendant has failed and refused to verify and submit all of its reports to Plaintiffs due, to date, and/or, has failed to make payment of all contributions acknowledged by Defendant thereon to be due Plaintiffs; (b) Defendant has failed to make payment of contributions, liquidated damages, and audit fees based upon an audit of the Defendant's payroll records showing Defendant to have been delinquent in the payment of contributions and to have reported hours worked by its Employees incorrectly to Plaintiffs; (c) Defendant has made payment of contributions due Plaintiffs, but such payment was made in an untimely fashion pursuant to the collective bargaining agreement and Trust Agreements. Plaintiffs have assessed liquidated damages and accrued interest against the Defendant as authorized by the Trust Agreements and ERISA, but Defendant has failed and refused to make payment of said liquidated damages and accrued interest

7. That upon careful review of all records maintained by Plaintiffs, and after application of any and all partial payments made by Defendant, there is a total of $123,463.38, known to be due Plaintiffs from Defendant, subject however to the possibility that additional monies may be due Plaintiffs from Defendant based upon Defendant's failure to submit all required reports, or to accurately state all hours for which contributions are due on reports previously submitted, and subject further to the possibility that additional contributions and liquidated damages will come due during the pendency of this lawsuit.

8. Plaintiffs have requested that Defendant perform its obligations as aforesaid, but Defendant has failed and refused to so perform.

9. Defendant's continuing refusal and failure to perform its obligations to Plaintiffs is causing and will continue to cause irreparable injuries to Plaintiffs for which Plaintiffs have no adequate remedy at law.

WHEREFORE, Plaintiffs pray:

(A) That Defendant be enjoined and ordered to verify and submit all delinquent monthly contribution reports to Plaintiffs with the information required to be provided thereon, to continue to submit such verified reports while this is pending, and to comply with its contractual obligation to timely submit such reports in the future; (B) That judgment be entered in favor of Plaintiffs and against Defendant for all unpaid contributions, liquidated damages, any costs of auditing Defendant's records, accrued interest, and Plaintiffs' reasonable attorneys' fees and court costs necessarily incurred in this action as specified herein, or as subsequently determined, all as provided for in the plans and in ERISA;

untraceable commingled with Defendant's assets, and further entitle Local 112 to recover from Defendant its damages for breach of Defendant's obligations.

WHEREFORE, Local 112 prays:

(A) That judgment be entered in its favor and against Defendant for all sums determined to be due from Defendant to Local 112; (B) That Local 112 recover from Defendant its damages and all costs of collection and recovery including its reasonable attorneys' fees and costs; (C) That Local 112 have such further relief as may be considered just and equitable by the Court, all at Defendant's cost. /s/ Patrick N. Ryan Catherine M. Chapman Patrick N. Ryan Attorneys for the Plaintiffs BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 West Adams Street, Suite 2200 Chicago, IL 60606-5231 Bar No.: 6278364 Telephone: (312) 216-2573 Facsimile: (312) 236-0241 E-Mail: pryan@baumsigman.com

EXHIBIT C

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IRON WORKERS' MID-AMERICA PENSION PLAN, et al., Plaintiffs, CIVIL ACTION vs. NO. 15 C 4936 HARLEY ERECTORS, INC., JUDGE THOMAS M. DURKIN an Illinois corporation, Defendant. AFFIDAVIT STATE OF ILLINOIS ) ) SS COUNTY OF COOK )

JOSEPH J. BURKE, first being duly sworn upon his oath, deposes and says:

1. I am now, and at all relevant times, have been employed by the Trustees of the Iron Workers' Mid-America Pension Plan and Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund ("Funds"), as Administrative Manager, and in such capacity, 1 have personal knowledge of the matters hereinafter set forth and if called as a witness in the instant proceedings I am competent to testify in respect thereto.

2. I am responsible for the day-to-day administration and operation of the Funds. Among my responsibilities and duties, I am charged with keeping and maintaining records of contributions received by the Funds from participating employers, maintain in the ordinary course of business individual records on each person, firm, and corporation required to make contributions to the Funds, receive and record contributions reports made by such persons, firms or corporations, and have under my supervision and direction all books, records, documents and papers relating to the Funds, including the Funds' respective Trust Agreements and all collective bargaining agreements providing for contributions to the Funds.

3. The Funds are jointly trusteed employee benefit trust funds providing pension benefits to their participants, and are administered at 2350 East 170th Street, Lansing, Illinois.

4. Defendant is bound to various collective bargaining agreements with Local Unions affiliated with the International Association of Iron Workers, including Locals 111, 112 and 444, each of which require Defendant to report and pay fringe benefit contributions to Plaintiffs. True and correct signature pages of Defendant's agreements are attached hereto as Exhibit 1. Plaintiffs act as the collecting agent for contributions required under these agreements for smaller funds, including apprenticeship funds, building trades funds, industry advancement funds, and other related funds. The collective bargaining agreements incorporate the Trust Agreements establishing and governing the Plaintiff Funds.

5. Pursuant to the Funds' respective Trust Agreements (true and correct excerpts of which are attached hereto as Exhibits 2 and 3): (a) untimely contributions are assessed liquidated damages at the rate of 1.5% per month (Ex. 2 & 3, Amendment 14); (b) the Funds are entitled to recover any costs and attorneys' fees incurred in efforts to recover unpaid contributions or liquidated damages (Ex. 2 & 3, Art. Ill, Sec. 1(A)(3)); (c) the Funds are entitled to recover costs of conducting an audit (Ex. 2 & 3, Art. Ill, Sec. 1(A)(1)); and (d) the Trustees are empowered to adopt any policies deemed necessary to preserve the trust (Ex. 2 & 3, Art. Ill, Sec. 1 (B)(6) and Art. Ill, Sec. 2(G)).

6. In order to preserve the Trust and encourage timely payment of contributions, the Boards of Trustees of the Funds each adopted a policy, in place at all times relevant to this proceeding, requiring the automatic assessment of a $200.00 fee for each check submitted to pay employer contributions which is dishonored by the payor's bank for non-sufficient funds.

7. A review of Defendant's payroll books and records was conducted by Legacy Professionals, LLP, Certified Public Accountants. Legacy prepared a Compliance Audit report after completing its review covering the period from December 1, 2012 through December 31, 2014, a redacted but otherwise true and correct copy of which is attached hereto as Exhibit 4.

8. I have examined the Compliance Audit Report prepared by Legacy Professionals, LLP and determined that, based upon the additional hours itemized therein and all other evidence and records of payments from Defendant maintained by the Funds, the following contributions and liquidated damages are due from the Defendant to the Plaintiff Funds:

Liquidated Plaintiff Fund Contributions Damages Mid-America Pension Fund $7,163.28 $1,909.38 Supplemental Monthly Annuity (SMA) $5,636.51 $1,487.50

9. Legacy Professionals, LLP has charged the Trustees the sum of $1,631.86 for auditing fees, which sum has been paid by the Funds.

10. Defendant submitted reports and contributions for work in Local 112's jurisdiction for November 2014, but underpaid the contributions due the Funds by $224.16, thus incurring liquidated damages of $21.69. Redacted but otherwise true and correct copies of Defendants November 2014 report and a printout of the Funds' records itemizing the shorted hours is attached hereto as Exhibit 5.

11. Defendant submitted reports and contributions for work in Local 112's jurisdiction for February 2015, but the check submitted therewith was dishonored by Defendant's bank. Consequently, Defendant still owes contributions of $29,995.41, plus liquidated damages of $1,658.42, and NSF fees of $400.00. Redacted but otherwise true and correct copies of Defendant's February 2015 reports and check are attached hereto as Exhibit 6.

12. Defendant has not submitted reports or contributions for work performed in any Local Union's jurisdiction for March 2015 through July 2015. However, based on check stubs, invoices and/or time sheets received from Defendant's covered employees and general contractors in Local 112's jurisdiction through July 2015, Defendant is currently known to owe the Funds the following:

Liquidated Plaintiff Fund Contributions Damages Mid-America Pension Plan $40,476.94 $1,203.87 Supplemental Monthly Annuity (SMA) Fnd $32,639.34 $967.85 Other Funds $ 6,144.29

A spreadsheet prepared under my supervision itemizing the hours for which contributions are due based on check stubs, time sheets and invoices received is attached hereto as Exhibit 7.

13. Defendant further owes Plaintiffs liquidated damages on contributions reported and paid late between April 2014 and January 2015 totaling $4,683.43, as itemized in the May 12, 2015 Notice sent to Defendant and attached hereto as Exhibit 8.

14. 1 am duly authorized by Plaintiffs in this behalf, have personal knowledge of the matters set forth above and if called as a witness in this cause, am competent to testify thereto.

15. I make this Affidavit in support of the application of Plaintiffs for entry of default and judgment and request this Court to consider the same as proof in support of the allegations contained in the Complaint of the Plaintiffs and such other facts herein set forth.

FURTHER AFFIANT SAYETH NOT.

JOSEPH J. BURKE SUBSCRIBED AND SWORN TO before me this 3rd day of August 2015. __________________________ NOTARY PUBLIC

EXHIBIT 1

Harley Electors, Inc. Company or Corporation (Name) Michael A. Koenis Michael A. Koenis Representative Signature Representative Signature Do Box 458 ___________________________________ _____ ________ City State Zip Code 309-827-2315 (Area Code) Telephone Number 4/2/198 Date INTERNATIONAL ASSOCIATION OF BIRDGE, STRUCTURAL, ORNAMENTAL & REINFORCING IRON LOCAL UNION NO. 112 _______________________________ Johnnie Short Business Representative

MEMORANDUM OF AGREEMENT

THIS MEMORANDUM OF AGREEMENT made and entered into by and between Harley Electors Inc. (hereinafter referred to as "Employers") and INTERNATIONAL ASSOCIATION OF BIRDGE, STRUCTURAL, ORNAMENTAL & REINFORCING IRON WORKERS, LOCAL NO. 111 (hereafter referred to as "Union").

In consideration of the mutual promises made to each other, the parties hereby agree as follows:

1. The undersigned Employer has examined the collective bargaining agreement (the "Agreement.") currently in effect between the Union and the QUAD-CITY BUILDERS ASSOCIATION, INC. (the "Association"). The Employer hereby accepts and becomes bound as party to the Agreement in its entirety, which is incorporated by reference as if set forth fully herein. The Employer further agrees to be bound by any subsequent successors, renewals, amendments, modification, replacements and addenda to the Agreement unless this Memorandum of Agreement is timely terminated in accordance with the provision below.

2. This Memorandum of Agreement may be modified or terminated by either party giving written notice of said intent to the other not less than 120 days prior to the current expiration date of the underlying Agreement, its successor or renewal, such termination to become effective as of the applicable expiration date.

3. The Employer agrees to pay the amounts of the contributions which it is bound to pay to the several fringe benefit funds described in the Agreement and agrees to and is hereby bound by and considered to be 3 party to the Agreement and Declarations of Trust creating each of said trust founds, together with any restatements or amendments thereto which have bee on may be adopted, as if its has been a party to an signed the original copies of the trust instruments. The Employer ratifies and confirms the appointment of each of the Employer Trustees, who shall, together with their successor Trustees delegated in the Manner provided in said Agreements and Declarations of Trust, and where applicable, jointly with an equal number of trustees representing employees, carry out the terms and conditions of the trust instruments.

4. Inasmuch as (1) the Union has requested recognition as the majority, Section 9(a), representative of the Employees in the classification of work falling within the jurisdiction of the Union, as defined in the Agreement, and (2) has submitted or offered to show proof of its majority support by the Employees, and (3) the Employer is satisfied that the Union represents a majority of the Employees in that bargaining unit, the Employer recognizes the Union, pursuant to section 9(a) of the National Labor Relations Act, as the exclusive collective bargaining agent for all employees within the bargaining unit, on all present and future jobsites within the jurisdiction of the Union.

The parties have executed this agreement the 15 day of December, 2011.

EMPLOYER: INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL & REINFORCING _________________________ IRON WORKERS, LOCAL NO. 111 (Signature) _________________________ By: _________________________ (Printed) _________________________ _____________________________ Title Title _________________________ Address _________________________ City State Zip _________________________ Phone

International Association of Bridge, Structural Ornamental and Reinforcing Iran Workers Local Union No. 444

PHONE (815) 725-1804 FAX (815) 725-0147 2082 OAK LEAF STREET JOLIET ILLINOIS 60436

ACCEPTANCE OF WORKING AGREEMENT

I/We Harley Electors Inc. Please print or type — Corporation/Company NAME

Hereby accept the working agreement of Local #444 of the International Association of Bridge, Structural, Ornamental and Reinforcing Tron Workers entered into June 1, 2001 and agree to adopt, abide by and be bound by the terms of this said working agreement, and any and all subsequent agreements, and any and all subsequent amendments to said agreements.

Michael A. Koenis Written signature of Company Official Michael A. Koenis Type or Print Name of Company Official PRESIDENT 11/22/06 Title Date PO BOX 18 CHENOA IL 61726 Address of company City State Zip 815-845-3118 815-845-4108 Phone # with area code Fax # with area code ___________________________________________________ Insurance information — name — address — phone # _________________________________________ Kenneth L. Kobus President, LW. L.U. #444 _________________________________________ Howard R. Norberg FST/BA I.W.L.U. #444

EXHIBIT 2

AGREEMENT AND DECLARATION OF TRUST OF IRON WORKERS' MID-AMERICA PENSION PLAN

ESTABLISHED: January 30, 1957

RESTATED: July 8, 1977

RESTATED: January 1, 1997

ARTICLE SUBJECT MATTER PAGES PART I CREATION AND PURPOSE I NAME AND EFFECTIVE DATE ........................... 1 II DEFINITIONS ....................................... 1 III CREATION OF TRUST FUND ............................. 4 IV PURPOSE AND APPLICATION OF THE TRUST FUND .......... 5 V LIMITATION OF RIGHTS TO THE TRUST FUND ............. 6 VI CONTRIBUTIONS TO THE TRUST FUND .................... 7 VII ESTABLISHMENT AND ACCEPTANCE OF THE RETIREMENT PLAN .................................. 8 PART II THE TRUSTEES I DESIGNATION OF TRUSTEES ............................... 9 II MEETINGS OF THE TRUSTEES .............................. 11 III EXECUTION OF DOCUMENTS ................................ 12 IV DEATH, RESIGNATION, OR REMOVAL OF A TRUSTEE ........... 12 V ACTIONS OF THE TRUSTEES ............................... 13 VI LIABILITY OF TRUSTEES ................................. 14 PART III ADMINISTRATION OF THE TRUST FUND I GENERAL PROVISIONS .................................... 16 II ESTABLISHMENT OF FUNDING PROCEDURES ................... 17 III DUTIES AND POWERS OF THE TRUSTEES ..................... 18 IV CLAIMS PROCEDURES ..................................... 23 V MERGER AND CONSOLIDATION .............................. 27 PART IV AMENDMENTS AND TERMINATION I AMENDMENTS ............................................ 28 II TERMINATION OF TRUST .................................. 28 PART V MISCELLANEOUS PROVISIONS I PROVISIONS RELATING TO THE UNION AND THE EMPLOYERS ........................................... 32 II PROVISIONS RELATING TO TRUSTEES ....................... 33 III PROVISIONS AS TO BONDS AND NOTICE ..................... 34 IV SITUS AND CONSTRUCTION OF TRUST ....................... 35

An Investment Manager so appointed shall serve at the pleasure of the Trustees, but may resign, by written resignation directed to the Trustees, at any time.

ARTICLE III

DUTIES AND POWERS OF THE TRUSTEES

Section 1. In the administration of the Pension Plan, the Trustees, consistent with the purposes of the Trust Fund shall have power and authority to:

A. Require timely contributions to the Trust Fund by Employers in accordance with written agreements between the Employer or his collective bargaining agent and the Union. The Trustees shall have power to demand, collect, and receive Employer Contributions for the purpose specified herein and shall have power to specify the time, manner, and place of payment thereof, and the right to institute, prosecute or intervene in any proceedings at law or in equity or in bankruptcy as may be necessary or desirable to effectuate the collection of Employer Contributions. In the event that upon audit made by the Trustees and/or upon other evidence it is found by the Trustees that an Employer has failed to make required Employer Contributions, the Trustees are authorized and empowered: (1) To assess and receive from such Employer all costs of the audit. (2) To assess and receive from such Employer as liquidated damages an amount equal to 80 basis points over 1/12th of the Prime Rate charged by the Northern Trust Company of Chicago as of the first business day of each month based on the unpaid balance at that time, or $50.00 per month, whichever is greater, in that the failure of the Employer to make the required timely payment of Employer Contributions imposes additional burden and expense upon the Trustees in the collection thereof; in the administration of the Trust Fund, including but not limited to the processing of late contribution reports, correspondence and other communication with said Employer; and, in addition thereto, may cause a loss of benefits to an Employee, and loss of benefit of the use of amounts required to be paid, all of which are difficult of accurate ascertainment. (3) To impose and receive from such Employer all costs, audit expenses and attorneys' fees incurred by the Trustees in enforcing the provisions hereof, whether by litigation or otherwise. (4) To require such Employer to make weekly deposits of Employer Contributions in an amount determined by the Trustees, based on objective standards. Provided that the Trustees have given such Employer reasonable notice of such requirement for weekly deposits, the amount to be deposited, the date such deposits are due and the basis on which the weekly deposit is determined and required, (5) To require such Employer to furnish to the Trustees a bond, with reputable surety thereon: (a) with the Trustees as obligees thereunder; (b) in an amount determined by the Trustees consistent with the anticipated future obligations of such Employer; and (c) with notice provisions acceptable to the Trustees consistent with the purposes of such bond. The remedies provided herein shall be exclusive of any other remedies available to the Trustees, and shall have no effect upon such remedies. B. Make such uniform rules and regulations as are consistent with and necessary for effectuating the provisions of this Agreement and Declaration of Trust, including but not limited to the following: (1) To develop procedures for the establishment of credited service of Employees, including the means of affording Employees and Employers the opportunity to object thereto, and to establish such facts conclusively. (2) To prescribe rules and procedures governing the application for and determination of benefits for Employees and beneficiaries, it being agreed that such rules and regulations otherwise referred to as the Pension Plan shall be published in the form of a uniform booklet. This booklet and other printed material issued by the Trustees will bear a Union Label. (3) To make determinations which shall be final and binding upon all parties as to the rights of any Employee and any beneficiary to benefits, including any rights any individual may have to request a hearing with respect to any determination. (4) To obtain and evaluate all statistical and actuarial data which may be reasonably required with respect to the administration of the Pension Plan, it being agreed that all information, records, lists of Employers and Employees, and all other data which may come into the hands of the Trustees are to be considered confidential and private records of the Trust Fund, and no information from such records, lists, or data shall be divulged by the Trustees, unless unanimously authorized by the Trustees. (5) To make reciprocal agreements with trustees administering other pension plans established by unions and employers, to provide for the reciprocal transfer of credited service and/or employer contributions between such other pension plans and this Pension Plan in the case of employees transferring their employment to such employers. (6) To make such other rules and regulations as may be necessary for the administration of the Pension Plan which are not inconsistent with the purpose of this Agreement and Declaration of Trust. C. Exercise all rights or privileges granted by the provisions of any contract entered into by the Trustees and any Insurance Company, and to agree with such Insurance Company to any alteration, modification, amendment, or cancellation of such contract, or to take any other action respecting such contract which they in their discretion may deem necessary or advisable. D. Enter into agreements, contracts, and other instruments for the deposit of funds with banks, trust companies, or other institutions which accept and hold moneys on deposit, and to authorize such depository to act as custodian of the funds, whether in cash or securities or other property. E. To decide ail questions or controversies arising in any manner or between any parties or persons in connection with the Trust Fund or the operation thereof, whether as to any claim for any benefits made by any employees, or any person, or whether as to the construction of the language or meaning of the rules and regulations adopted by the Trustees or established by this instrument, or as to any writing, decisions, instrument, or accounts or otherwise, and the decisions of the Trustees, if made in good faith, shall be binding upon all persons dealing with the Trust Fund or claiming any benefits thereunder. F. To establish an office for the transaction of its business, including the right to lease or construct the premises in which the sane is to be located, to be made known to the parties interested in the Trust Fund. At such office, there shall be maintained books and records pertaining to the Trust Fund and its administration. G. To enter into an Agreement with a Bank or Trust Company selected by the Trustees to act as depository for safekeeping of the assets of the Trust Fund.

Section 2. In addition to such other powers as are set forth herein or conferred by law, the Trustees shall have power and authority to:

A. Invest and reinvest the Trust Fund in such securities or property, real or personal, which may include but shall not be limited to common and preferred stocks, bonds, investment only type contracts, mortgages and other evidences of indebtedness or ownership, within or without the State of Illinois but within the continental limits of the United States, and without regard to any rule or statute of any state or sovereign body prescribing investments eligible for trust funds. Provided, however, nothing herein contained shall be construed to authorize the Trustees to acquire or hold an "employer security" or "employer property" as such terms are defined by ERISA. B. Exercise any voting rights, conversion privilege, subscription right or other right and privilege, including agreements with reference to reorganization, consolidation, merger and dissolution, readjustment of financial structure or sale of assets of any corporation or other organization, as owners of the securities or other obligations which form a part of the Trust Fund. C. Collect all interest, dividends, rents, issues, income and profit arising from the Trust Fund. D. Keep property purchased by the Trustees registered in the name of the Trustees or in the name of a nominee or nominees, as may be determined within the discretion of the Trustees. E. Sell, exchange, lease, convey, or dispose of any property at any time forming part of the Trust Fund or the whole thereof upon such terms as they may deem proper and to effect and deliver any and all instruments of conveyance and transfer in connection therewith. F. Enter into any and ail contracts and agreements carrying out the terms of this Agreement and Declaration of Trust and for the administration of the Trust Fund, and to do all acts as they, in their discretion, may deem necessary or advisable and such contracts, agreements, and acts shall be binding and conclusive on the Participating Unions, Associations, Employers and Employees and their beneficiaries. G. Do all acts, whether or not expressly authorized herein, which the Trustees deem necessary or proper for the protection of the Trust Fund held hereunder and their judgment shall be final. H. Charge, as an expense of the Trust Fund, Employer Contributions made by the Trustees on behalf of any of their Employees pursuant to the written agreement entered into by them, as hereinbefore provided.

IN WITNESS WHEREOF, the undersigned, being the Chairman and Secretary of the IRON WORKERS' MID-AMERICA PENSION PLAN have hereunto set their hands this 25th day of April, 1996.

________________________________ ________________________________ Co-Chairman Secretary

AMENDMENT NO. 14

TO THE AGREEMENT AND DECLARATION OF TRUST OF THE IRON WORKERS' MID-AMERICA PENSION PLAN

WHEREAS, the Agreement and Declaration of Trust of the Iron Workers' Mid-America Pension Plan authorizes and empowers the Trustees to do all acts, whether or not expressly authorized, which the Trustees deem necessary and proper for the protection of the Trust Fund; and,

WHEREAS, the Trustees wish to amend that section of the Agreement and Declaration of Trust which sets forth the basis for calculating liquidated damages on untimely contributions, and to ratify prior calculations of liquidated damages made according to the formula set forth in this Amendment 14;

NOW, THEREFORE, the following Resolution was adopted by the Trustees on January 28, 2011:

RESOLVED: That effective January 1, 1997, Part III, Article III, Section 1(A) (2) of the Agreement and Declaration of Trust shall be amended by replacing the existing language with the language that follows: (2) To assess and receive from such Employer as liquidated damages an amount equal to 1½% per month on the whole amount of contributions remaining unpaid as of the first day of each month, in that the failure of the Employer to make the required timely payment of Employer Contributions imposes additional burden and expense upon the Trustees in the collection thereof; in the administration of the Trust Fund, including but not limited to the processing of late contribution reports, correspondence and other communication with said Employer; and, in addition thereto, may cause a loss of benefits to an Employee, and loss of benefit of the use of amounts required to be paid, all of which are difficult of accurate ascertainment.

IN WITNESS WHEREOF, the undersigned, being the Chairman and Secretary of Iron Workers' Mid-America Pension Plan have executed this Amendment No. 14 to the Agreement and Declaration of Trust on this 28th day of January, 2011.

________________________________ ________________________________ Chairman Secretary

EXHIBIT 3

AGREEMENT AND DECLARATION OF TRUST OF IRON WORKERS MID-AMERICA SUPPLEMENTAL MONTHLY ANNUITY (SMA) FUND

EFFECTIVE: January 1, 1997

ARTICLE SUBJECT MATTER PAGES PART I CREATION AND PURPOSE I NAME AND EFFECTIVE DATE ........................... 1 II DEFINITIONS ....................................... 1 III CREATION OF TRUST FUND ............................. 4 IV PURPOSE AND APPLICATION OF THE TRUST FUND .......... 5 V LIMITATION OF RIGHTS TO THE TRUST FUND ............. 6 VI CONTRIBUTIONS TO THE TRUST FUND .................... 7 VII ESTABLISHMENT AND ACCEPTANCE OF THE RETIREMENT PLAN .................................. 8 PART II THE TRUSTEES I DESIGNATION OF TRUSTEES ............................... 9 II MEETINGS OF THE TRUSTEES .............................. 11 III EXECUTION OF DOCUMENTS ................................ 12 IV DEATH, RESIGNATION, OR REMOVAL OF A TRUSTEE ........... 12 V ACTIONS OF THE TRUSTEES ............................... 13 VI LIABILITY OF TRUSTEES ................................. 14 PART III ADMINISTRATION OF THE TRUST FUND I GENERAL PROVISIONS .................................... 16 II ESTABLISHMENT OF FUNDING PROCEDURES ................... 17 III DUTIES AND POWERS OF THE TRUSTEES ..................... 18 IV CLAIMS PROCEDURES ..................................... 23 V MERGER AND CONSOLIDATION .............................. 27 PART IV AMENDMENTS AND TERMINATION I AMENDMENTS ............................................ 28 II TERMINATION OF TRUST .................................. 28 PART V MISCELLANEOUS PROVISIONS I PROVISIONS RELATING TO THE UNION AND THE EMPLOYERS ........................................... 30 II PROVISIONS RELATING TO TRUSTEES ....................... 31 III PROVISIONS AS TO BONDS AND NOTICE ..................... 32 IV SITUS AND CONSTRUCTION OF TRUST ....................... 33

An Investment Manager so appointed shall serve at the pleasure of the Trustees, but may resign, by written resignation directed to the Trustees, at any time.

ARTICLE III

DUTIES AND POWERS OF THE TRUSTEES

Section 1. In the administration of the Pension Plan, the Trustees, consistent with the purposes of the Trust Fund shall have power and authority to:

A. Require timely contributions to the Trust Fund by Employers in accordance with written agreements between the Employer or his collective bargaining agent and the Union. The Trustees shall have power to demand, collect, and receive Employer Contributions for the purpose specified herein and shall have power to specify the time, manner, and place of payment thereof, and the right to institute, prosecute or intervene in any proceedings at law or in equity or in bankruptcy as may be necessary or desirable to effectuate the collection of Employer Contributions. In the event that upon audit made by the Trustees and/or upon other evidence it is found by the Trustees that an Employer has failed to make required Employer Contributions, the Trustees are authorized and empowered: (1) To assess and receive from such Employer all costs of the audit. (2) To assess and receive from such Employer as liquidated damages an amount equal to 80 basis points over 1/12th of the Prime Rate charged by the Northern Trust Company of Chicago as of the first business day of each month based on the unpaid balance at that time, or $50.00 per month, whichever is greater, in that the failure of the Employer to make the required timely payment of Employer Contributions imposes additional burden and expense upon the Trustees in the collection thereof; in the administration of the Trust Fund, including but not limited to the processing of late contribution reports, correspondence and other communication with said Employer; and, in addition thereto, may cause a loss of benefits to an Employee, and loss of benefit of the use of amounts required to be paid, all of which are difficult of accurate ascertainment. (3) To impose and receive from such Employer all costs, audit expenses and attorneys' fees incurred by the Trustees in enforcing the provisions hereof, whether by litigation or otherwise. (4) To require such Employer to make weekly deposits of Employer Contributions in an amount determined by the Trustees, based on objective standards. Provided that the Trustees have given such Employer reasonable notice of such requirement for weekly deposits, the amount to be deposited, the date such deposits are due and the basis on which the weekly deposit is determined and required. (5) To require such Employer to furnish to the Trustees a bond, with reputable surety thereon: (a) with the Trustees as obligees thereunder; (b) in an amount determined by the Trustees consistent with the anticipated future obligations of such Employer; and (c) with notice provisions acceptable to the Trustees consistent with the purposes of such bond. The remedies provided herein shall be exclusive of any other remedies available to the Trustees, and shall have no effect upon such remedies. B. Make such uniform rules and regulations as are consistent with and necessary for effectuating the provisions of this Agreement and Declaration of Trust, including but not limited to the following: (1) To develop procedures for the establishment of credited service of Employees, including the means of affording Employees and Employers the opportunity to object thereto, and to establish such facts conclusively. (2) To prescribe rules and procedures governing the application for and determination of benefits for Employees and beneficiaries, it being agreed that such rules and regulations otherwise referred to as the Pension Plan shall be published in the form of a uniform booklet. This booklet and other printed material issued by the Trustees will bear a Union Label. (3) To make determinations which shall be final and binding upon all parties as to the rights of any Employee and any beneficiary to benefits, including any rights any individual may have to request a hearing with respect to any determination. (4) To obtain and evaluate all statistical and actuarial data which may be reasonably required with respect to the administration of the Pension Plan, it being agreed that all information, records, lists of Employers and Employees, and all other data which may come into the hands of the Trustees are to be considered confidential and private records of the Trust Fund, and no information from such records, lists, or data shall be divulged by the Trustees, unless unanimously authorized by the Trustees. (5) To make reciprocal agreements with trustees administering other pension plans established by unions and employers, to provide for the reciprocal transfer of credited service and/or employer contributions between such other pension plans and this Pension Plan in the case of employees transferring their employment to such employers. (6) To make such other rules and regulations as may be necessary for the administration of the Pension Plan which are not inconsistent with the purpose of this Agreement and Declaration of Trust. C. Exercise all rights or privileges granted by the provisions of any contract entered into by the Trustees and any Insurance Company, and to agree with such Insurance Company to any alteration, modification, amendment, or cancellation of such contract, or to take any other action respecting such contract which they in their discretion may deem necessary or advisable. D. Enter into agreements, contracts, and other instruments for the deposit of funds with banks, trust companies, or other institutions which accept and hold moneys on deposit, and to authorize such depository to act as custodian of the funds, whether in cash or securities or other property. E. To decide all questions or controversies arising in any manner or between any parties or persons in connection with the Trust Fund or the operation thereof, whether as to any claim for any benefits made by any employees, or any person, or whether as to the construction of the language or meaning of the rules and regulations adopted by the Trustees or established by this instrument, or as to any writing, decisions, instrument, or accounts or otherwise, and the decisions of the Trustees, if made in good faith, shall be binding upon all persons dealing with the Trust Fund or claiming any benefits thereunder. F. To establish an office for the transaction of its business, including the right to lease or construct the premises in which the same is to be located, to be made known to the parties interested in the Trust Fund. At such office, there shall be maintained books and records pertaining to the Trust Fund and its administration. G. To enter into an Agreement with a Bank or Trust Company selected by the Trustees to act as depository for safekeeping of the assets of the Trust Fund.

Section 2. In addition to such other powers as are set forth herein or conferred by law, the Trustees shall have power and authority to:

A. Invest and reinvest the Trust Fund in such securities or property, real or personal, which may include but shall not be limited to common and preferred stocks, bonds, investment only type contracts, mortgages and other evidences of indebtedness or ownership, within or without the State of Illinois but within the continental limits of the United States, and without regard to any rule or statute of any state or sovereign body prescribing investments eligible for trust funds. Provided, however, nothing herein contained shall be construed to authorize the Trustees to acquire or hold an "employer security" or "employer property" as such terms are defined by ERISA. B. Exercise any voting rights, conversion privilege, subscription right or other right and privilege, including agreements with reference to reorganization, consolidation, merger and dissolution, readjustment of financial structure or sale of assets of any corporation or other organization, as owners of the securities or other obligations which form a part of the Trust Fund. C. Collect all interest, dividends, rents, issues, income and profit arising from the Trust Fund. D. Keep property purchased by the Trustees registered in the name of the Trustees or in the name of a nominee or nominees, as may be determined within the discretion of the Trustees. E. Sell, exchange, lease, convey, or dispose of any property at any time forming part of the Trust Fund or the whole thereof upon such terms as they may deem proper and to effect and deliver any and all instruments of conveyance and transfer in connection therewith. F. Enter into any and all contracts and agreements carrying out the terms of this Agreement and Declaration of Trust and for the administration of the Trust Fund, and to do all acts as they, in their discretion, may deem necessary or advisable and such contracts, agreements, and acts shall be binding and conclusive on the Participating Unions, Associations, Employers and Employees and their beneficiaries. G. Do all acts, whether or not expressly authorized herein, which the Trustees deem necessary or proper for the protection of the Trust Fund held hereunder and their judgment shall be final. H. Charge, as an expense of the Trust Fund, Employer Contributions made by the Trustees on behalf of any of their Employees pursuant to the written agreement entered into by them, as hereinbefore provided.

IN WITNESS WHEREOF, the undersigned, being all of the Trustees of the Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund, have hereunto set their hands this 25 day of April, 1996.

____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ EMPLOYER TRUSTEES EMPLOYEE TRUSTEES

AMENDMENT NO. 14

TO THE AGREEMENT AND DECLARATION OF TRUST OF THE IRON WORKERS' MID-AMERICA SUPPLEMENTAL MONTHLY ANNUITY (SMA) FUND

WHEREAS, the Agreement and Declaration of Trust of the Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund authorizes and empowers the Trustees to do all acts, whether or not expressly authorized, which the Trustees deem necessary and proper for the protection of the Trust Fund; and,

NOW, THEREFORE, the following Resolution was adopted by the Trustees on January 28, 2011:

IN WITNESS WHEREOF, the undersigned, being the Chairman and Secretary of Iron Workers' Mid-America Supplemental Monthly Annuity (SMA) Fund have executed this Amendment No. 14 to the Agreement and Declaration of Trust on this 28TH day of January, 2011.

________________________________ ________________________________ Chairman Secretary

EXHIBIT 4

Iron Workers' Mid-America Funds Liquidated Damages PENSION FUND 1.5% per month Employer: Harley Erectors A/C No: 8763 Month Month of LD's Discrepancy LD's Error Begin Amount Rate Due Dec-12 Feb-13 39.00% Jan-13 Mar-13 19.68 37.50% 7.38 Feb-13 Apr-13 36.00% Mar-13 May-13 34.50% Apr-13 Jun-13 442.80 33.00% 146.12 May-13 Jul-13 374.87 31.50% 118.08 Jun-13 Aug-13 2,093.73 30.00% 628.12 Jul-13 Sep-13 481.97 28.50% 137.36 Aug-13 Oct-13 435.33 27.00% 117.54 Sep-13 Nov-13 974.31 25.50% 248.45 Oct-13 Dec-13 100.20 24.00% 24.05 Nov-13 Jan-14 381.78 22.50% 85.90 Dec-13 Feb-14 445.70 21.00% 93.60 Jan-14 Mar-14 19.50% Feb-14 Apr-14 18.00% Mar-14 May-14 38.01 16.50% 6.27 Apr-14 Jun-14 15.00% May-14 Jul-14 13.50% Jun-14 Aug-14 80.55 12.00% 9.67 Jul-14 Sep-14 225.72 10.50% 23.70 Aug-14 Oct-14 9.00% Sep-14 Nov-14 7.50% Oct-14 Dec-14 6.00% Nov-14 Jan-15 1,068.63 4.50% 48.09 Dec-14 Feb-15 3.00% Jan-15 Mar-15 1.50% Total $ 7,163.28 $ 1,694.33 Iron Workers' Mid-America Funds Liquidated Damages PENSION FUND 1.5% per month Employer: Harley Erectors A/C No: 8763 Month Month of LD's Discrepancy LD's Error Begin Amount Rate Due Dec-12 Feb-13 39.00% Jan-13 Mar-13 15.00 37.50% 5.63 Feb-13 Apr-13 36.00% Mar-13 May-13 34.50% Apr-13 Jun-13 337.50 33.00% 111.38 May-13 Jul-13 290.24 31.50% 91.43 Jun-13 Aug-13 1,621.05 30.00% 486.32 Jul-13 Sep-13 373.16 28.50% 106.35 Aug-13 Oct-13 337.05 27.00% 91.00 Sep-13 Nov-13 754.35 25.50% 192.36 Oct-13 Dec-13 77.58 24.00% 18.62 Nov-13 Jan-14 295.59 22.50% 66.51 Dec-13 Feb-14 345.08 21.00% 72.47 Jan-14 Mar-14 19.50% Feb-14 Apr-14 18.00% Mar-14 May-14 29.43 16.50% 4.86 Apr-14 Jun-14 15.00% May-14 Jul-14 13.50% Jun-14 Aug-1 64.69 12.00% 7.76 Jul-14 Sep-14 237.60 10.50% Aug-14 Oct-14 9.00% Sep-14 Nov-14 7.50% Oct-14 Dec-14 6.00% Nov-14 Jan-15 858.19 4.50% 38.62 Dec-14 Feb-15 3.00% Jan-15 Mar-15 1.50% Total $ 5,636.51 $1,318.26

EXHIBIT 5

EXHIBIT 6

EXHIBIT 7

Contractor Name: Harley Erectorsm Work Month: March-15 Reg. Hrs 2008.00 BASED ON CHECK STUBS/TIME SHEETS RECEIVED OT Hrs 18.00 DT Hrs 0.00 Total Hrs 2026.00 Due to Mid-America Pension Fund $ 7.16 $ 14,377.28 Due to Mid-America Pension Fund $ 10.74 $ 193.32 Due to Mid-America SMA Fund $ 5.75 $ 11,546.00 Due to Mid-America SMA Fund $ 8.63 $ 155.34 Due IMPACT Fund $ 0.30 $ 607.80 Due Apprentice Training Fund $ 0.54 $ 1,094.04 Due Combined Central IL Constr. Ind. Fund $ 0.16 $ 324.16 Due Building Trades Fund $ 0.04 $ 81.04 Due Bldg/Mnt Fund $ 0.04 $ 81.04 Due Tricon Fund $ 0.02 $ 40.52 Total Contributions Due $ 20,500.54 Liquidated Damage Assessment: Mons. Outstanding 3 Rate: 1.50% LDS Due to Mid-America Pension Fund $ 655.68 LDS Due to Mid-America SMA Fund $ 526.56 Total LDS Due $ 1,182.24 Contractor Name: Harley Erectorsm Work Month: April-15 Reg. Hrs 2031.00 BASED ON CHECK STUBS/TIME SHEETS RECEIVED OT Hrs 96.00 DT Hrs 0.00 Total Hrs 2127.00 Due to Mid-America Pension Fund $ 7.16 $ 14,541.96 Due to Mid-America Pension Fund $ 10.74 $ 1,031.04 Due to Mid-America SMA Fund $ 5.75 $ 11,678.25 Due to Mid-America SMA Fund $ 8.63 $ 828.48 Due IMPACT Fund $ 0.30 $ 638.10 Due Apprentice Training Fund $ 0.54 $ 1,148.58 Due Combined Central IL Constr. Ind. Fund $ 0.16 $ 340.32 Due Building Trades Fund $ 0.04 $ 85.08 Due Bldg/Mnt Fund $ 0.04 $ 85.08 Due Tricon Fund $ 0.02 $ 42.54 Total Contributions Due $ 30,419.43 Liquidated Damage Assessment: Mons. Outstanding 2 Rate: 1.50% LDS Due to Mid-America Pension Fund $ 467.19 LDS Due to Mid-America SMA Fund $ 375.20 Total LDS Due $ 842.39 Contractor Name: Harley Erectorsm Work Month: May-15 Reg. Hrs 699.00 BASED ON CHECK STUBS/TIME SHEETS RECEIVED OT Hrs 4.00 DT Hrs 0.00 Total Hrs 703.00 Due to Mid-America Pension Fund $ 7.66 $ 5,354.34 Due to Mid-America Pension Fund $ 11.49 $ 45.96 Due to Mid-America SMA Fund $ 6.25 $ 4,368.75 Due to Mid-America SMA Fund $ 9.38 $ 37.52 Due IMPACT Fund $ 0.33 $ 231.99 Due Apprentice Training Fund $ 0.54 $ 379.62 Due Combined Central IL Constr. Ind. Fund $ 0.17 $ 119.51 Due Building Trades Fund $ 0.04 $ 28.12 Due Bldg/Mnt Fund $ 0.07 $ 49.21 Due Tricon Fund $ 0.02 $ 14.06 Total Contributions Due $ 10,629.08 Liquidated Damage Assessment: Mons. Outstanding 1 Rate: 1.50% LDS Due to Mid-America Pension Fund $ 81.00 LDS Due to Mid-America SMA Fund $ 66.09 Total LDS Due $ 147.10 Contractor Name: Harley Erectorsm Work Month: June-15 Reg. Hrs 484.00 BASED ON CHECK STUBS/TIME SHEETS RECEIVED OT Hrs 0.00 DT Hrs 0.00 Total Hrs 484.00 Due to Mid-America Pension Fund $ 7.66 $ 3,707.44 Due to Mid-America Pension Fund $ 11.49 $ - Due to Mid-America SMA Fund $ 6.25 $ 3,025.00 Due to Mid-America SMA Fund $ 9.38 $ - Due IMPACT Fund $ 0.33 $ 159.72 Due Apprentice Training Fund $ 0.54 $ 261.36 Due Combined Central IL Constr. Ind. Fund $ 0.17 $ 82.28 Due Building Trades Fund $ 0.04 $ 19.36 Due Bldg/Mnt Fund $ 0.07 $ 33.88 Due Tricon Fund $ 0.02 $ 9.68 Total Contributions Due $ 7,298.72 Liquidated Damage Assessment: Mons. Outstanding 1 Rate: 1.50% LDS Due to Mid-America Pension Fund $ - LDS Due to Mid-America SMA Fund $ - Total LDS Due $ - Contractor Name: Harley Erectorsm Work Month: July-15 Reg. Hrs 160.00 BASED ON CHECK STUBS/TIME SHEETS RECEIVED OT Hrs 0.00 DT Hrs 0.00 Total Hrs 160.00 Due to Mid-America Pension Fund $ 7.66 $ 1,225.60 Due to Mid-America Pension Fund $ 11.49 $ - Due to Mid-America SMA Fund $ 6.25 $ 1,000.00 Due to Mid-America SMA Fund $ 9.38 $ - Due IMPACT Fund $ 0.33 $ 52.80 Due Apprentice Training Fund $ 0.54 $ 86.40 Due Combined Central IL Constr. Ind. Fund $ 0.17 $ 27.20 Due Building Trades Fund $ 0.04 $ 6.40 Due Bldg/Mnt Fund $ 0.07 $ 11.20 Due Tricon Fund $ 0.02 $ 3.20 Total Contributions Due $ 2,412.80 Liquidated Damage Assessment: Mons. Outstanding 0 Rate: 1.50% LDS Due to Mid-America Pension Fund $ - LDS Due to Mid-America SMA Fund $ - Total LDS Due $ - Harley Erectors Employer No. 8763 NOVEMBER 2014 - LOCAL 112 Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours A. Didonato xxx-xx-9596 2.18 0.00 2.18 Z. Coile xxx-xx-3867 0.74 0.00 0.74 B. Howdyshell xxx-xx-2304 3.82 0.00 3.82 R. Ploch xxx-xx-0086 1.60 0.00 1.60 M. Smith xxx-xx-4561 2.39 0.00 2.39 R. Sprinkle xxx-xx-2882 1.44 0.00 1.44 D. Upchurch xxx-xx-7083 1.92 0.00 1.92 R. Vandyke xxx-xx-3206 0.98 0.00 0.98 T. Swise xxx-xx-0030 0.93 0.00 0.93 Totals 16.00 0.00 16.00

MARCH 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours A. Didonato xxx-xx-9596 140.00 6.00 146.00 C. Wyrick xxx-xx-8679 124.00 0.00 124.00 B. Schramm xxx-xx-9647 136.00 0.00 136.00 K. Beeney xxx-xx-0131 140.00 6.00 146.00 J. Harms xxx-xx-0912 120.00 0.00 120.00 D. Upchurch xxx-xx-7083 124.00 6.00 130.00 R. Vandyke xxx-xx-3206 96.00 0.00 96.00 B. Ballinger xxx-xx-6387 128.00 0.00 128.00 D. Arnett xxx-xx-7725 128.00 0.00 128.00 Totals 1136.00 18.00 1154.00

APRIL 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours A. Didonato xxx-xx-9596 194.00 0.00 194.00 C. Wyrick xxx-xx-8679 120.00 8.00 128.00 B. Schramm xxx-xx-9647 168.00 8.00 176.00 K. Beeney xxx-xx-0131 196.00 0.00 196.00 J. Harms xxx-xx-0912 122.00 8.00 130.00 D. Upchurch xxx-xx-7083 16.00 0.00 16.00 R. Vandyke xxx-xx-3206 154.00 8.00 162.00 B. Ballinger xxx-xx-6387 136.00 8.00 144.00 D. Arnett xxx-xx-7725 176.00 8.00 184.00 Totals 1282.00 48.00 1330.00 Harley Erectors Employer No. 8763 Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours A. Didonato xxx-xx-9596 32.00 0.00 32.00 C. Wyrick xxx-xx-8679 40.00 1.00 41.00 J. Harms xxx-xx-0912 96.00 1.00 97.00 K. Beeney xxx-xx-0131 96.00 1.00 97.00 R. Vandyke xxx-xx-3206 88.00 1.00 89.00 B. Ballinger xxx-xx-6387 136.00 0.00 136.00 D. Arnett xxx-xx-7725 16.00 0.00 16.00 Totals 504.00 4.00 508.00

FEBRUARY 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours Ryan Ploch xxx-xx-0086 128.00 0.00 128.00 Randy Sprinkle xxx-xx-2882 112.00 0.00 112.00 Carl Wyrick xxx-xx-8679 115.00 0.00 115.00 Tom Swise xxx-xx-0030 140.00 0.00 140.00 Sam Armbrust xxx-xx-7834 132.00 0.00 132.00 Sam Wragge xxx-xx-6366 116.00 0.00 116.00 Sue Bowman xxx-xx-6206 124.00 0.00 124.00 Cody Coile xxx-xx-6115 16.00 0.00 16.00 Darren Arnett xxx-xx-7725 132.00 0.00 132.00 Doug Baker xxx-xx-7886 60.00 0.00 60.00 Robert Bruce Vandyke xxx-xx-3206 86.00 0.00 86.00 Brad Ballinger xxx-xx-6387 60.00 0.00 60.00 Beau Schramm xxx-xx-9647 32.00 0.00 32.00 Totals 1253.00 0.00 1253.00

MARCH 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours Ryan Ploch xxx-xx-0086 150.00 0.00 150.00 Randy Sprinkle xxx-xx-2882 126.00 0.00 126.00 Carl Wyrick xxx-xx-8679 130.00 0.00 130.00 Tom Swise xxx-xx-0030 138.00 0.00 138.00 Sam Armbrust xxx-xx-7834 136.00 0.00 136.00 Sam Wragge xxx-xx-6366 136.00 0.00 136.00 Sue Bowman xxx-xx-6206 142.00 0.00 142.00 Darren Arnett xxx-xx-7725 128.00 0.00 128.00 Robert Bruce Vandyke xxx-xx-3206 134.00 0.00 134.00 Brad Ballinger xxx-xx-6387 128.00 0.00 128.00 Beau Schramm xxx-xx-9647 136.00 0.00 136.00 Jordan Harms xxx-xx-0912 104.00 0.00 104.00 Totals 1588.00 0.00 1588.00

APRIL 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours Ryan Ploch xxx-xx-0086 144.00 8.00 152.00 Randy Sprinkle xxx-xx-2882 112.00 8.00 120.00 Carl Wyrick xxx-xx-8679 128.00 8.00 136.00 Tom Swise xxx-xx-0030 111.00 8.00 119.00 Sam Armbrust xxx-xx-7834 136.00 8.00 144.00 Sam Wragge xxx-xx-6366 134.00 8.00 142.00 Sue Bowman xxx-xx-6206 136.00 8.00 144.00 Darren Arnett xxx-xx-7725 144.00 8.00 152.00 Robert Bruce Vandyke xxx-xx-3206 120.00 8.00 128.00 Brad Ballinger xxx-xx-6387 136.00 8.00 144.00 Beau Schramm xxx-xx-9647 136.00 8.00 144.00 Jordan Harms xxx-xx-0912 92.00 8.00 100.00 Totals 1529.00 96.00 1625.00

MAY 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours TRyan Ploch xxx-xx-0086 41.00 0.00 41.00 Randy Sprinkle xxx-xx-2882 39.00 0.00 39.00 Carl Wyrick xxx-xx-8679 41.00 0.00 41.00 Tom Swise xxx-xx-0030 41.00 0.00 41.00 Sue Bowman xxx-xx-6206 25.00 0.00 25.00 Robert Bruce Vandyke xxx-xx-3206 41.00 0.00 41.00 Brad Ballinger xxx-xx-6387 40.00 0.00 40.00 Beau Schramm xxx-xx-9647 41.00 0.00 41.00 Jordan Harms xxx-xx-0912 41.00 0.00 41.00 Brandon Howdyshell xxx-xx-2304 8.00 0.00 8.00 Totals 358.00 0.00 358.00

JUNE 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours Ryan Ploch xxx-xx-0086 116.00 0.00 116.00 Brandon Howdyshell xxx-xx-2304 112.00 0.00 112.00 Tom Swise xxx-xx-0030 128.00 0.00 128.00 Randy Sprinkle xxx-xx-2882 128.00 0.00 128.00 Totals 484.00 0.00 484.00

JULY 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours Ryan Ploch xxx-xx-0086 40.00 0.00 40.00 Brandon Howdyshell xxx-xx-2304 40.00 0.00 40.00 Tom Swise xxx-xx-0030 40.00 0.00 40.00 Randy Sprinkle xxx-xx-2882 40.00 0.00 40.00 Totals 160.00 0.00 160.00

Harley Erectors

Employer No. 8765

FEBRUARY 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours B. Howdyshell Xxx-xx-2304 72.00 0.00 72.00 A. Didonato xxx-xx-9596 60.00 0.00 60.00 A. Hayes xxx-xx-6043 48.00 0.00 48.00 D. Upchurch xxx-xx-7083 44.00 0.00 44.00 K. Beeney xxx-xx-0131 56.00 0.00 56.00 M. Smith xxx-xx-4561 40.00 0.00 40.00 J. Harms xxx-xx-0912 16.00 0.00 16.00 L. Lockhart xxx-xx-3279 16.00 0.00 16.00 Totals 352.00 0.00 352.00

MARCH 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours B. Howdyshell xxx-xx-2304 72.00 0.00 72.00 A. Didonato xxx-xx-9596 64.00 0.00 64.00 D. Upchurch xxx-xx-7083 16.00 0.00 16.00 A. Hayes xxx-xx-6043 48.00 0.00 48.00 M. Smith xxx-xx-4561 56.00 0.00 56.00 J. Harms xxx-xx-0912 8.00 0.00 8.00 K. Beeney xxx-xx-0131 64.00 0.00 64.00 Totals 328.00 0.00 328.00

APRIL 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours B. Howdyshell xxx-xx-2304 160.00 0.00 160.00 A. Didonato xxx-xx-9596 154.00 0.00 154.00 K. Beeney xxx-xx-0131 156.00 0.00 156.00 M. Smith xxx-xx-4561 144.00 0.00 144.00 A. Hayes xxx-xx-6043 142.00 0.00 142.00 S. Wragge xxx-xx-6366 32.00 0.00 32.00 S. Armbrust xxx-xx-7834 32.00 0.00 32.00 B. Ballinger xxx-xx-6387 32.00 0.00 32.00 B. Schramm xxx-xx-9647 32.00 0.00 32.00 S. Bowman xxx-xx-6206 32.00 0.00 32.00 D. Arnett xxx-xx-7725 32.00 0.00 32.00 J. Harms xxx-xx-0912 32.00 0.00 32.00 T. Swise xxx-xx-0030 5.00 0.00 5.00 Totals 985.00 0.00 985.00

Harley Erectors

Employer No. 8765

FEBRUARY 2015 - LOCAL 112

Employee Name SS# Regular Hours Worrked OT Hours Worked Total Hours B. Howdyshell xxx-xx-2304 39.00 0.00 39.00 A. Didonato xxx-xx-9596 31.00 0.00 31.00 K. Beeney xxx-xx-0131 16.00 0.00 16.00 Totals 86.00 0.00 86.00

EXHIBIT 8

EXHIBIT D

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IRON WORKERS' MID-AMERICA PENSION PLAN, et al., Plaintiffs, CIVIL ACTION vs. NO. 15 C 4936 HARLEY ERECTORS, INC., JUDGE THOMAS M. DURKIN an Illinois corporation, Defendant. AFFIDAVIT STATE OF ILLINOIS S.S. COUNTY OF PEORIA

BRIAN STANLEY, being first duly sworn upon his oath, deposes and says:

1. I am the Business Manager for Local Union 112 of the International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers ("Local 312").

2. As an Officer of Local 112, I have been delegated the authority to coordinate and supervise the recovery of unpaid dues, and I have under my supervision and control all books, records, documents and papers relating to Local 112, including the collective bargaining agreements entered into with various employers, the Funds' respective Trust Agreements, and records of dues received by and/or due from all employers required to report and pay dues pursuant to a collective bargaining agreement with Local 112.

3. Local 112 is an unincorporated voluntary association, commonly referred to as a labor organization or union, established for the purpose of representing employees of various employers in collective bargaining. Local 112's principal office is located at 3003 N. Main Street, East Peoria, Illinois 61611.

4. On or about April 21, 1998, Defendant, Harley Erectors, Inc. ("Harley"), entered into a Memorandum of Agreement with Local 112, a true and correct copy of which is attached hereto as Exhibit 1, which incorporate the collective bargaining agreement entered into by Local 112 with the Greater Peoria Contractors & Suppliers Association, Inc.. The current collective bargaining agreement is effective May 1, 2014 through April 30, 2017, a true and correct excerpt of which is attached hereto as Exhibit 2.

5. Under the collective bargaining agreement, Harley was required to withhold from its covered employees' wages, an amount equal to 4.5% of covered employees' gross wages for dues as specified in the collective bargaining agreement (Ex. 2, Art. 10, Sec. C(1)), and to pay such amounts to Local 112.

6. The journeyman wage rate effective February through April 2015 was $31.81 per hour. The journeyman wage rate effective May 2015 through July 2015 is $32.19 per hour. True and correct copies of the Annual notices submitted consistent with Ex. 2, Article 6, establishing the wage rates for these period are attached hereto as Exhibits 3 and 4.

7. Based on reports submitted to Plaintiffs by Harley for the months of February 2015 and based on check stubs and timesheets for March through May 2015 (See, Burke Aff., Ex. 7), Defendant owes Local 112 dues totaling $10,960.74. This amount was calculated by multiplying the hourly journeyman rate by the hours due for the month, times 4.5%. A spreadsheet calculating the amounts due for dues is attached hereto as Exhibit 5.

8. I am duly authorized by Local 112 to make this Affidavit, have personal knowledge of the matters set forth above, and if called as a witness I am competent to testify thereto.

FURTHER AFFIANT SAYETH NOT.

____________________________________ BRIAN STANLEY SUBSCRIBED AND SWORN to before me this 31st day of July, 2015. __________________________ NOTARY PUBLIC

EXHIBIT 1

EXHIBIT 2

AGREEMENT

BETWEEN

INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL & REINFORCING IRON WORKERS LOCAL UNION #112, PEORIA, IL

AND

GREATER PEORIA CONTRACTORS & SUPPLIERS ASSOCIATION, INC.

EFFECTIVE MAY 1, 2014 EXPIRES APRIL 30, 2017 TABLE OF CONTENTS PAGE COLLECTIVE BARGAINING AGREEMENT 1 PREAMBLE 1 ARTICLE 1 CRAFT JURISDICTION 1 ARTICLE 2 TERRITORY 4 ARTICLE 3 WORK HOURS PER DAY 4 ARTICLE 4 SHIFT WORK 6 ARTICLE 5 OVERTIME AND HOLIDAYS 7 ARTICLE 6 WAGE RATE 7 ARTICLE 7 PIECEWORK 8 ARTICLE 8 PAY DAY AND HOLD BACK 8 ARTICLE 9 WORK LIMITATION 8 ARTICLE 10 WELFARE, PENSION, SMA, APPRENTICE, DUES ASSESSMENT, DEFENSE FUND INDUSTRY FUND, IMPACT AND BUILDING TRADES CHECK OFF 9 ARTICLE 11 DRINKING WATER — CLOTHES ROOM 13 ARTICLE 12 COMPENSATION INSURANCE 13 ARTICLE 13 REPORTING TIME 14 ARTICLE 14 FOREMAN 14 ARTICLE 15 IRON WORKERS REQUIRED ON GUY AND STIFF LEG DERRICKS AND OTHER POWER EQUIPMENT 15 ARTICLE 16 REINFORCING AND RIVETING 16 ARTICLE 17 SAFETY PROVISIONS including Drug & Alcohol Policy 16 ARTICLE IS WORKING EMPLOYER 20 ARTICLE 19 HIRING AND LAYOFF 21 ARTICLE 20 TOOLS 22 ARTICLE 21 SHIPPING EMPLOYEES 23 ARTICLE 22 BUSINESS REPRESENTATIVE 23 ARTICLE 23 UNION SECURITY 23 ARTICLE 24 JOB STEWARD 23 ARTICLE 25 STRIKES, LOCKOUTS AND ARBITRATION 24 ARTICLE 26 SAVINGS CLAUSE 25 ARTICLE 27 DURATION AND TERMINATION 25 ARTICLE 28 SCOPE OF AGREEMENT 26

ATTACHMENTS: INDIVIDUAL EMPLOYER SIGNATURE PAGE, ADDENDUM REGARDING "TEMPORARY PERMIT", MAPS OF WEST CENTRAL ILLINOIS BUILDING AND CONSTRUCTION TRADES COUNCIL AND LIVINGSTON/McLEAN COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL

AGREEMENT

THIS AGREEMENT, made and entered into this 1st Day of May, 2014 between GREATER PEORIA CONTRACTORS AND SUPPLIERS ASSOCIATION, INCORPORATED, an Illinois Not-For-Profit Corporation, (hereinafter referred to as the "EMPLOYER"), for and on behalf of its members, and LOCAL UNION NO. 112 of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, (hereinafter referred to as the "UNION").

PREAMBLE

A. This Agreement is entered into by collective bargaining to prevent strikes and lockouts, to facilitate peaceful adjustment of grievances and disputes between EMPLOYER and UNION in this trade, to prevent waste, unnecessary and avoidable delays and expense, and, so far as possible, to provide for labor's continuous employment, such employment to be in accordance with the conditions herein set forth and at wages herein agreed upon; also, that stable conditions may prevail in the building industry and building costs may be as low as possible, consistent with fair wages and conditions, and, further, the establishment of the necessary procedures by which these ends may be accomplished. B. It is agreed that this agreement shall constitute an individual agreement between the UNION and each EMPLOYER who is a member of the Association and who engages in work covered by this agreement. The liability of each EMPLOYER (and that EMPLOYER'S Sub-Contractors as set out herein) shall under this agreement be separate from any other EMPLOYER and not joint. A general contractors of sub-contractor who engages in work covered by this agreement and who becomes a member of the Association after the starting date of this agreement shall be bound by the terms and provisions of this agreement. C. District Council Agreement — The Employer further agrees to be bound to the collective bargaining agreements negotiated between the employers' associations and other ironworker unions located within the Ironworkers District Council of Chicago and vicinity. The Employer further agrees to abide by the terms and conditions of employment set forth in those local area agreements for all work performed in that territory. The Employer agrees to have a pre-job meeting with the local union in which the work is located prior to starting any job, The Employer agrees to pay wages to said Employee at the rate covered in the area agreement where the work is performed or at the rate covered under this agreement, whichever is greater. ARTICLE 1 CRAFT JURISDICTION A. It is agreed the following work is recognized as work coming under the jurisdiction of Iron Workers Local #112. It shall cover and include but is not limited to the unloading, handling, fabrication, refabrication, erection, dismantling of structural, ornamental, reinforcing steel and metals, and plastic materials and it is understood and agreed this International Association claims for its members the fabrication, production, sorting, distributing, handling, erection and construction of all iron, steel, ornamental lead, bronze, brass, copper, aluminum, vinyl, all ferrous and non ferrous metals; all precast, prestressed, preassembled masonry panels and poststressed concrete structures, agitators, air ducts, anchors, anchor bolts, application of all sealants such as Thiokol, Neoprene and similar types used to seal metal to metal surfaces; aprons, aqueducts, awnings, bar joists, permanent batch plants not connected with highway work, blast furnaces, book stacks, boilers (sectional water tube, and tubular), boxes, brackets, bridges, all bucks, bulkheads, tube, and tubular), boxes, brackets, bridges, all bucks, bulkheads, bumpers, bunkers, cableways, caissons, canopies, caps, car dumps, cast tiling, chutes, clips, ARTICLE 5 OVERTIME AND HOLIDAYS A. Time and one-half (1 1/2) shall be paid far the First four (4) hours of overtime worked Monday through Friday. Time and one-half (1 1/2) shall be paid for the first twelve (12) hours worked on Saturday and those work hours shall be from the start of the established starting time. All hours worked in excess of twelve (12) hours will include a ten ($10.00) dollar per hour premium in wages in addition to the time and one-half (1 1/2), B. All work done on Sundays and Holidays shall be paid for at the double time rate. The following Holidays shall be celebrated as observed by the federal government: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Veteran's Day is to be celebrated the day after Thanksgiving. No work will be performed on Labor Day under any consideration, except in an extreme emergency and then only after consent is given by the Business Manager. If a Holiday fails on Saturday, it will be observed on the previous Friday. If a Holiday falls on Sunday, it will be observed on the following Monday. C. It is agreed that a contractor cannot shut down a job the day before, and/or the day after a holiday that occurs on a normal work day unless it is agreed upon by the majority of Local No. 112's members working on the job.

ARTICLE 6 WAGE RATE

The following minimum hourly wage rates shall apply to the classifications as indicated: Structural, Ornamental, Reinforcing, Machinery Mover, Rigger and Machinery Erector, Welder, Fence Erector, Sheeter and Apprentice,

Effective — May 1, 2014 to April 30, 2015 ...... an hourly increase of $1.45 per hour with distributions to be determined by Local 112. Wage for May 1, 2014 to April 30, 2015. ... $31.81. Effective — May 1, 2015 to April 30, 2016 ..... an hourly increase of $1.51 per hour with distribution to be determined by Local 112. Effective — May 1, 2016 to April 30, 2017 ...... an hourly increase of $1.56 per hour with distributions to be determined by Local 112.

Within sixty (60) days prior to any yearly anniversary date following the execution date of this Agreement, the Union may serve notice to re-open this Agreement for purposes of negotiating wage rates. If, after such re-opening, the parties are unable to agree upon new wage rates the Union may strike for the purpose of securing its demands and no other provisions of this Agreement shall bar such action.

Foreman Effective May 1, 2004 General Foreman — Not less than $3.00 per hour above Journeyman scale. Foreman Effective May 1, 2012 Regular Foreman — Not less than $1.90 per hour above Journeyman scale.

Hazmat — When the Employer requires certified Hazmat Employees, employees with such certification shall receive a wage premium of ($.50) fifty cents per hour worked.

ARTICLE 7 PIECEWORK A. It is further agreed that the employees will not contract, sub-contract, work piecework, or work for less than the scale of wages established by the Agreement. The EMPLOYERS agree not to offer and/or pay, and the employees will not accept, a bonus based on specific performance on any individual job. B. The EMPLOYER agrees not to use, rent, or lease any truck, welding machine or other such equipment from an employee or members of an employee's family. ARTICLE 8 PAY DAY AND HOLD BACK A. Wages shall be paid on Friday at the jobsite before quitting time by cash or negotiable check and shall be paid in full, except that three (3) days pay may be withheld to allow the Employer sufficient time to prepare the payroll. If pay day falls on a holiday, the employee shall be paid on the day preceding the holiday. By mutual agreement, the business manager and contractor may alter pay day or holdback on any jobsite with reasonable cause. B. Wages shall be payable before quitting time and are to be paid in cash or other legal tender. The weekly payroll shall end no earlier than the third day prior to pay day. Accompanying each payment of wages shall be a separate statement identifying the employer, showing the total earnings, the amount and purpose of each deduction, number of hours and net earnings. C. If no work on pay day, the pay checks shall be available at the job site not later than one hour from starting time at the customary place. D. When an employee is laid off, or discharged his pay continues until he is paid in full, in cash or other legal tender. When an employee quits of his own accord, he shall wait for the regular pay day for his wages. E. If an employee is made to wait beyond that time for his money he shall be paid the regular rate of wages for all the time he waits, up to a maximum of eight (8) straight time hours per day. ARTICLE 9 WORK LIMITATION A. There shall be no limitation placed on the amount of work to be performed by any workman during working hours. B. There shall be no limit on production by employees nor restrictions on the full use of tools and equipment. Employee shall use such tools as required to perform any work of the trade. The operation of all equipment shall be assigned to the proper jurisdiction. C. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working effort of employees. The Employer shall determine the most efficient method or techniques of construction, tools or other labor saving devices to be used. However, safety of the employees on the job site shall be of prime concern to the Employer. There shall be no limitations upon the choice of materials or design. The Employer shall schedule work and shall determine when overtime will be worked. D. Practices not a part of the terms and conditions of this agreement shall not be recognized.

ARTICLE 10 WELFARE, PENSION, SMA, APPRENTICE, DUES ASSESSMENT, DEFENSE FUND, IMPACT, INDUSTRY FUND, AND BUILDING TRADES CHECK OFF

A. Commencing with the first payroll following May 1, 2012, all EMPLOYERS agree to pay nine dollars and thirty-nine cents ($9.39) per hour for each hour worked to a Welfare fund to be decided by Local 112. It is understood and agreed that the Agreement and Declaration of Trust of the Iron Workers Tri-State Welfare Plan, together with any amendments thereto, shall be considered a part of this Agreement as though set forth in its entirety. B. 1. Commencing with the first payroll following the effective date of this Agreement all EMPLOYERS agree to pay seven dollars and sixteen cents ($7.16) per hour for each hour paid to a Pension Fund to be decided by Local 112. (Each overtime hour shall be paid at a rate of ten dollars and seventy-four cents ($10.74). It is understood and agreed that the Agreement and Declaration of Trust of the Iron Workers Mid America Pension Plan, together with any amendments thereto, shall be considered a part of this Agreement as though set forth in its entirety. 2. Commencing with the first payroll following the effective date of this Agreement all EMPLOYERS agree to pay five dollars and seventy-five cents ($5.75) per hour for each hour worked to a Supplemental Monthly annuity (hereinafter referred to as "SMA") Fund to be decided by Local 112. (Each overtime hour shall be paid at a rate of eight dollars and sixty-three cents ($8.63). It is understood and agreed that the Agreement and Declaration of Trust of the Iron Workers Mid America SMA Fund, together with any amendments thereto, shall be considered a part of this Agreement as though set forth in its entirety. C. 1. Commencing with the first payroll following the effective date of this Agreement, all EMPLOYERS agree to deduct a Dues Assessment in the amount of 4.5% of the gross pay as levied by the UNION in accordance with Its constitution and bylaws, from the weekly pay of each employee who executes or has executed "Authorization for Check-off" form as provided by the UNION. 2. Commencing with the first payroll following the effective date of this Agreement, all EMPLOYERS agree to deduct seven cents ($.07) for each hour worked from the gross wages and submit to the Iron Workers Local 112 Defense Fund as levied by the UNION in accordance with its constitution and bylaws, from the weekly pay of each employee who executes or has executed "Authorization for Check-off" form as provided by the UNION. 3. Commencing with the first payroll following the effective date of this Agreement, all EMPLOYERS agree to deduct four cents ($.04) for each hour worked from the gross wages and submit to the Iron Workers Local 112 Building Fund as levied by the UNION in accordance with its constitution and bylaws, from the weekly pay of each employee who executes or has executed "Authorization for Check-off form as provided by the UNION. Further, the EMPLOYERS agree to contribute to IMPACT. In addition to the per hour wage rate, the Employer shall contribute 1 % of the applicable hourly journeyman wage for each hour worked to Ironworkers Management Progressive Action Cooperative Trust (IMPACT), a jointly trusted Cooperative Trust with federal tax exempt status under Section 501 (c) (5) of the Internal Revenue Code. The general purposes of the Trust include the improvement and development of the Ironworkers Industry through Education, Training, Communication, Cooperation and governmental lobbying and legislative initiatives. The employer and the union agree with the funding goals of IMPACT and will work toward this goal in future agreements. D. All amounts in the above paragraphs deducted for a particular month shall be forwarded by the EMPLOYER, not later than the fifteenth (15th) day of the following month, to the appropriate office of the local UNION. Accompanying each monthly payment shall be a form furnished by the UNION. E. It is agreed mat if monthly payments are not received in the office of LOCAL 112 by the 15th of the following month, the UNION shall have the right, 72 hours after legal written notice from the UNION has been received by the offending EMPLOYER, to withhold men from the EMPLOYER until those monies are paid. F. The Combined Central Illinois Construction Industry Fund has been organized to improve public relations, to improve the standards of the industry, to conduct educational programs, and to conduct any program for the benefit of the construction industry. The Combined Central Illinois Construction Industry Fund shall not conduct any anti-Union or political activity. 1. The EMPLOYER agrees, commencing with the first payroll following the effective date of this Agreement to make payments to the "Combined Central Illinois Construction Industry Fund" (hereinafter referred to as "Fund") for each employee covered by this Agreement as follows: a. 1. Effective May 1, 2014, for each hour which an employee works, the EMPLOYER will contribute sixteen ($.16) cents to the Fund. 2. Effective May 1, 2015, for each hour which an employee works, the EMPLOYER will contribute seventeen ($.17) cents to the Fund. 3. Effective May 1, 2016, for each hour which an employee works, the EMPLOYER will contribute eighteen ($.18) cents to the Fund. will contribute eighteen ($.18) cents to the Fund. The Fund reserves the right to increase this contribution as it seems fit through the life of this contract. b. The payment to the fund shall be made to the Combined Central Illinois Construction Industry Fund which has been established under an Agreement and Declaration of Trust, the Terms of which are hereby accepted by the EMPLOYER. 2. All Contributions shall be made at such time and in such manner as the Trustees of the Fund shall require. 3. If the EMPLOYER fails to make contributions to the Fund, the EMPLOYER shall be liable for all reasonable cost for collecting the payments due, together with any reasonable attorney's fees and reasonable damages assessed by the Trustees of the Fund. G. Any increased benefit payments which the UNION desires paid into the Welfare Plan, Pension Plan, Apprentice Fund or Dues Assessment shall be deducted from the hourly wages listed in Article 6. The EMPLOYER agrees to make such increased payments upon thirty (30) days written notice from the UNION. H. In the event the EMPLOYER is required to contribute by reason of the enactment of a National Health Plan or similar legislation, then the Employer's payment to the Health and Welfare Fund of this Agreement shall be reduced in an amount equal to such contributions, providing the monies remaining in the fund shall be sufficient to purchase supplemental coverage for members so that their benefits would not be decreased. If there are more monies being paid to the Health and Welfare Fund than are needed to pay for the National Health Plan and supplemental insurance, if required, then these monies shall revert to the Pension Fund or to the EMPLOYEE wages. I. 1. The EMPLOYER has previously added to the negotiated base rates of pay an amount equal to the West Central Illinois Building and Construction Trades Council Check-off, as set forth below, and shall deduct same from the employees wages each week and remit same to the Fringe Benefit Fund Account, P O Drawer M, Lansing, IL 60438 for the West Central Illinois Building and Construction Trades Council; together with a list of names and total hours worked of each employee from whom deductions were made. The payment and the payroll report shall be mailed to reach the office of the Fund Account not later than ten (10) calendar days following the end of each calendar month. EFFECTIVE May 1, 2012 A total of fourteen cents ($.14) per hour. The EMPLOYER shall be furnished a written authorization from each employee which shall not be irrevocable for more than one year, or beyond the termination date of this Agreement, whichever occurs sooner. The territorial jurisdiction of the West Central Illinois Building and Construction Trades Council (see map attached) comprises the following counties, or portions thereof, in the State of Illinois: Peoria, Stark, Woodford, Tazewell, Fulton, McDonough, that portion of Mason lying north of Route 136, east and west to the county lines, and that portion of Marshall County south of an east west line formed by the south county lines of LaSalle and Putnam, which excludes the town of Henry and all territory east of Route 89 in Marshall County, Adams, Brown, Hancock, Pike and Schuyler. 2. The EMPLOYER has previously added to the negotiated base rates of pay an amount equal to the Livingston & McLean County Building and Construction Trades Council Check-off, as set forth below, and shall deduct same from the employees wages each week and remit same to the Fringe Benefit Fund Account, P O Drawer M, Lansing, IL 60438 for the Livingston & McLean County Building and Construction Trades Council; together with a list of names and total hours worked of each employee from whom deductions were made. The payment and the payroll report shall be mailed to reach the office of the Fund Account not later man ten (10) calendar days following the end of each calendar month. EFFECTIVE May 1, 2012 — A total of four cents ($.04) cents per hour. The EMPLOYER shall be furnished a written authorization from each employee which shall not be irrevocable for more than one year, or beyond the termination date of this Agreement, whichever occurs sooner. The territorial jurisdiction of the Livingston & McLean County Building and Construction Trades (see map attached) comprises the following counties in the State of Illinois: McLean and Livingston. J. It is recognized that failure to provide training opportunities for journeymen and apprentice, and the failure of these individuals to take advantage of these opportunities stands as a impediment to the competitiveness of the area's unionized construction industry. It is also acknowledged that training will have a discernable, positive effect upon productivity and quality for the industry. It is further noted that verifiable training offers a strong marketing concept for contractors, thereby enhancing employment opportunities for union labor. These concepts also promote pride and satisfaction in building tradesmen, which, in themselves, are marketable attributes. Management and labor therefore pledge to work towards the development of intensified, innovative training programs designed to improve quality, safety and productivity in a competitive environment. To this end, the unions may provide to employers current lists of those tradesmen that successfully complete upgrade training programs, including welder's certification, OSHA 10 hour, and Subpart R, Steel Erection, so that they will be naturally rewarded through increased work opportunities for reinvesting in their collective futures. It is further agreed that the unions will provide to management associations specific information on the scope of any journeyman upgrade training. Commencing with the first payroll following the effective date of this Agreement all EMPLOYERS agree to pay fifty-four cents ($.54) for each hour worked to the Iron Workers Local #112 Joint Apprentice Training and Retraining Committee, It is understood and agreed that the Trust Document and Apprenticeship Standards of the Iron Workers Local #112 Joint Apprentice Training and Retraining Committee, together with any amendments thereto, shall be considered a part of this Agreement as though set forth in its entirety. Apprentice Iron Workers shall be paid a percentage of journeyman scale as set forth below: First 1000 hours: 60% Fourth 1000 hours: 80% Second 1000 hours: 70% Fifth 1000 hours: 85% Third 1000 hours: 75% Sixth 1000 hours: 90% Employers party to this agreement, may employ apprentices at a ratio of one (1) apprentice to four (4) journeymen on the project. On ornamental work which is normally performed by two (2) Iron Workers, one (1) may be an apprentice. K. Bond Language — A surety or Certified Check in the full amount of bond required may be required of any Employer who was not signatory to the previous agreement or has been listed as a delinquent contributor by Health and Welfare and/or Pension Funds included in this agreement. In die event that any Employer, covered by this agreement, should become delinquent, such Employer shall be required to post a bond in the amount specified below, or at the union's option, provide a cash bond in the same amount. 1.) For one or two iron workers, the bond shall be $25,000.00 2.) For three to five iron workers, the bond shall be $50,000.00 3.) For six to twenty iron workers, the bond shall be $75,000.00 4.) For twenty-one or more iron workers, the bond shall be $100,000.00 Any disputes over the proper Wage and Fringe Benefit Bond shall not be subject to arbitration or the settlement of disputes provisions in the contract. Should any Employer who is properly bonded desire to employ more iron workers, the Employer shall increase the amount of its bond to cover such additional employees prior to the commencement of work. The officers of the employer who continues to employ iron workers without being properly bonded, shall be personally liable for any unpaid wages and benefits in the event the Employer does not pay its obligations under this agreement. The personal liability shall be limited to the amount the bond should have been as set forth above.

ARTICLE II DRINKING WATER — CLOTHES ROOM

The EMPLOYER shall furnish suitable drinking water at all times. Each job of sufficient size and length to justify same shall be provided with suitable toilet and shed or room for the employees to change their clothes and keep their tools.

ARTICLE 12 COMPENSATION INSURANCE A. The EMPLOYER must at all times provide Workmen's Compensation Insurance and, even if not required by law, shall voluntarily elect to contribute to the Unemployment Compensation Fund of the State of Illinois, B. EMPLOYER agrees to pay an employee, who is injured on a job and who goes to hospital or doctor's office and who is unable to return to job by written order of the doctor, a full day's pay for that day. If he returns to the job that day, he is to be paid in full for time lost that day. C. Iron Workers injured on the job who are still employed by that EMPLOYER and who are advised by and the Association unless ninety (90) days prior to the expiration of this or any subsequent agreement said nonmember Employer notifies the Union in writing that it revokes such authorization. Further, said non-member Employer agrees that notice served by the Union upon said Association and mediation services for reopening, termination or commencement of negotiations shall constitute notice upon and covering the non-member Employers signatory hereto.

ARTICLE 28 SCOPE OF AGREEMENT

This Agreement contains all of the Provisions agreed upon by the EMPLOYERS and die UNION. Neither the EMPLOYERS nor the UNION will be bound by Rules, Regulations or Agreements not herein contained.

This article does not negate any independent agreement arrived at with regard to the program referred to as "The Peoria Plan" or any successor affirmative action program.

In witness whereof, this Agreement has been executed by the parties hereto as of the 1st Day of May, 2014 in the City of Peoria and State of Illinois.

GREATER PEORIA CONTRACTORS AND INTERNATIONAL ASSOCIATION OF SUPPLIERS ASSOCIATION, INC. BRIDGE, STRUCTURAL, ORNAMENTAL AND REINFORCING IRON WORKERS, LOCAL UNION NO. 112 BY: _____________________________ BY: ____________________________ Dana Oaks, Executive Director Brian Stanley, Business Manager

Individual Employers signatory hereto who are not members of the said Association agree to be bound by any amendments, extensions or changes in this agreement agreed to between the Union and the Association, and further agree to be bound by the terms and conditions of all subsequent Contracts negotiated between the Union and the Association unless ninety (90) days prior to the expiration of this or any subsequent agreement said nonmember Employer notifies the Union in writing that it revokes such authorization. Further, said non-member Employer agrees that notice served by the Union upon said Association and mediation services for reopening, termination or commencement of negotiations shall constitute notice upon and covering the non-member Employers signatory hereto.

_____________________________________________________________ Company or Corporation (Name) _____________________________________________________________ Representative Signature _____________________________________________________________ Address _________________________________ ___________ __________ City State Zip Code _________________________________ (Area Code) Telephone Number _________________________________ Date INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND REINFORCING IRON WORKERS LOCAL UNION NO. 112 BY: _____________________________ Business Manager

EXHIBIT 3

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local Union No. 112

3003 N. Main Street • East Peoria, Illinois 61611 Phone 309-699-6489 • Fax 309-699-6480 iwlocal112@sbcglobal.net

BRIAN S. STANLEY VINCE DiDONATO Financial Secretary-Treasurer President and Business Manager

APRIL 30, 2014

IMPORTANT NOTICE

TO ALL CONTRACTORS EMPLOYING IRONWORKERS UNDER LOCAL 112 AGREEMENT with GREATER PEORIA CONTRACTORS & SUPPLIERS ASSN.

Effective May 1, 2014 thru April 30, 2015 the following Wages and Fringe Benefits shall apply.

Iron Worker Hourly Wage Rate — $31.81 per hour Foreman — Not less than $1.90/hr. above scale General Foreman (15 or more Iron Workers) — Not less than $3.00/hr. above scale

Fringe Benefits

Iron Workers Tri-State Welfare Fund — $9.39 per hr. worked Iron Workers Mid-America Pension Fund — $7.16 per Reg. hr. worked (10.74 OT) Iron Workers Mid America SMA Fund — $5.75 per Reg. hr. worked (8.63 OT) Combined Central Illinois Construction Industry Fund — $ .16 per hr. worked Iron Workers Local 112 Joint Apprentice Fund — $ .54 per hr. worked I.M.P.A.C.T. Fund — $ .30 per hr. worked TRICON Fund — $ .02 per hr. worked

Deductions from Iron Workers Gross Wages

1. Iron Workers Local 112 Assessment Fund — 4.5% of Gross Wages 2. Iron Workers Defense Fund — $.07 per hour worked 3. * West Central Illinois Bldg. Trades Fund — $.14 per hour worked OR ** Livingston & McLean County Bldg. Trades — $.04 per hour worked 4. Iron Workers Building Fund — $.04 per hour worked

* Projects in Counties of Peoria, Tazewell, Woodford, Marshall, Stark, Knox, Fulton, & Mason Remit to this Fund

** Projects in Livingston & McLean Counties Remit to this Fund.

EXHIBIT 4

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local Union No. 112

3003 N. Main Street • East Peoria, Illinois 61611 Phone 309-699-6489 • Fax 309-699-6480 iwlocal112@sbcglobal.net

BRIAN S. STANLEY VINCE DIDONATO Financial Secretary-Treasurer President and Business Manager

APRIL 30, 2015

IMPORTANT NOTICE

TO ALL CONTRACTORS EMPLOYING IRONWORKERS UNDER LOCAL 112 AGREEMENT with GREATER PEORIA CONTRACTORS & SUPPLIERS ASSN.

Effective May 1, 2015 thru April 30, 2016 the following Wages and Fringe Benefits shall apply.

Iron Worker Hourly Wage Rate — $32.19 per hour Foreman — Not less than $1.90/hr. above scale General Foreman (15 or more Iron Workers) — Not less than $3.00/hr. above scale

Fringe Benefits

Iron Workers Tri-State Welfare Fund — $9.49 per hr. worked Iron Workers Mid-America Pension Fund — $7.66 per Reg. hr. worked (11.49 OT) Iron Workers Mid America SMA Fund — $6.25 per Reg. hr. worked ( 9.38 OT) Combined Central Illinois Construction Industry Fund — $ .17 per hr. worked Iron Workers Local 112 Joint Apprentice Fund — $ .54 per hr. worked I.M.P.A.C.T. Fund — $ .33 per hr. worked TRICON Fund — $ .02 per hr. worked

Deductions from Iron Workers Gross Wages

1. Iron Workers Local 112 Assessment Fund — 4.5% of Gross Wages 2. Iron Workers Defense Fund — $.08 per hour worked 3. * West Central Illinois Bldg. Trades Fund — $.14 per hour worked OR ** Livingston & McLean County Bldg. Trades — $.04 per hour worked 4. Iron Workers Building Fund — $.07 per hour worked

* Projects in Counties of Peoria, Tazewell, Woodford, Marshall, Stark, Knox, Fulton, & Mason Remit to this Fund

** Projects in Livingston & McLean Counties Remit to this Fund.

EXHIBIT 5

Contractor Name: Harley Erectors Work Month: February-15 Reg. Hrs 2141.00 **NSF** OT Hrs 0.00 DT Hrs 0.00 __________________________ Total Hrs 2141.00 31.81 $ 3,064.73 Contractor Name: Harley Erectors Work Month: March-15 Reg. Hrs 2008.00 BASED ON CHECK STUBS/TIME SHEETS RECEIVED OT Hrs 18.00 DT Hrs 0.00 __________________________ Total Hrs 2026.00 31.81 $ 2,900.12 GRAND TOTAL DUE Contractor Name: Harley Erectors Work Month: April-15 Reg. Hrs 2031.00 BASED ON CHECK STUBS/TIME SHEETS RECEIVED OT Hrs 96.00 DT Hrs 0.00 __________________________ Total Hrs 2127.00 31.81 $ 3,044.69 Contractor Name: Harley Erectors Work Month: May-15 Reg. Hrs 699.00 BASED ON CHECK STUBS/TIME SHEETS RECEIVED OT Hrs 4.00 DT Hrs 0.00 __________________________ Total Hrs 703.00 32.19 $ 1,018.33 Contractor Name: Harley Erectors Work Month: June-15 Reg. Hrs 484.00 BASED ON CHECK STUBS/TIME SHEETS RECEIVED OT Hrs 0.00 DT Hrs 0.00 __________________________ Total Hrs 484.00 32.19 $ 701.10 Contractor Name: Harley Erectors Work Month: July-15 Reg. Hrs 160.00 BASED ON CHECK STUBS/TIME SHEETS RECEIVED OT Hrs 0.00 DT Hrs 0.00 __________________________ Total Hrs 160.00 32.19 $ 231.77 GRAND TOTAL DUE $10,960.74

EXHIBIT E

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

CATHERINE M. CHAPMAN, being first duly sworn upon her oath, deposes and states:

1. I am one of the attorneys for the Plaintiffs in the above-entitled action, I have personal knowledge of the facts regarding this matter and the time expended in the prosecution of this action now pending in the United States District Court and, if called as a witness, I am competent to testify in respect thereto.

2. I and my associates have expended 18.00 hours in the prosecution of the above-entitled action, including the initial investigation and preparation of the Complaint and First Amended Complaint, telephone conversations with representatives of the Plaintiff Funds and general contractor, e-mail communications with Plaintiff Funds, review of the audit of Defendant's payroll books and records, preparation of correspondence to the Defendant, general contractor and Plaintiffs' process server, and preparing and filing of the instant motion for entry of default and judgment, including Affidavits in support thereof.

3. I and my associates routinely spend between three-quarters of an hour, to an hour and a half appearing for an in-court hearing on a motion for default judgment. Based on this experience, I estimate that the Funds will incur one (1) additional hour of attorneys' fees to appear for the hearing on the instant motion for default judgment.

4. I have in my possession a complete written record of the hours expended and costs incurred in the prosecution of this action in the form of client billing records which specify the various activities of Counsel required in the litigation of this matter and confirms the number of hours expended and costs incurred as set forth above.

5. The usual and normal hourly charges by Affiant's law firm for Federal Court litigation under the Labor-Management Relations Act and the Employee Retirement Income Security Act of 1974 range from $70.00 to $93.00 per hour for paralegals, $165.00 to $205.00 per hour for associates and from $210.00 to $320.00 per hour for partners based on their level of experience.

6. To the best of my knowledge and belief, the rates charged per hour are less than or equal to the usual and customary rates charged by other law firms doing similar work in the United States District Court for the Northern District of Illinois.

7. Plaintiffs have incurred costs related to the prosecution of this action consisting of $400.00 for their court filing fee and $50.00 to serve Defendant with the summons and complaint.

8. Section 502(g)(2) of the Employee Retirement income Security Act of 1974, as amended, 29 U.S.C. Section 1132(g)(2) provides that the Court must award a Plaintiff its costs and reasonable attorneys' fees:

In any action under this title by a fiduciary for or on behalf of a plan to enforce Section 515 in which a judgment in favor of the plan is awarded, the Court shall award the plan ... (D) reasonable attorneys' fees and costs of the action, to be paid by the defendant. ...

9. Furthermore, the Trust Agreements governing the Funds, and to which Defendant is bound, provide for payment by the Defendant of all costs of collection, including audit and attorneys' fees incurred by the Plaintiffs.

10. I make this Affidavit in support of the Plaintiffs' Motion for Entry of Default and Judgment and an award of Plaintiffs' costs totaling $450.00 and Plaintiffs' reasonable attorneys' fees in the sum of $3,906.00.

FURTHER AFFIANT SAYETH NOT.

/s/ Catherine M. Chapman SUBSCRIBED AND SWORN TO before me this 4th day of August 2015. /s/ Deborah A. Farrell NOTARY PUBLIC

Source: Leagle

IRON WORKERS' MID-AMERICA PENSION PLAN v. HARLEY ERECTORS, INC., 15 C 4936. (2015)

MOTION FOR ENTRY OF DEFAULT AND JUDGMENT

EXHIBIT A

EXHIBIT B

FIRST AMENDED COMPLAINT

COUNT I

(Funds' claim for unpaid contributions under ERISA)

EXHIBIT C

EXHIBIT 1

MEMORANDUM OF AGREEMENT

International Association of Bridge, Structural Ornamental and Reinforcing Iran Workers Local Union No. 444

ACCEPTANCE OF WORKING AGREEMENT

EXHIBIT 2

AGREEMENT AND DECLARATION OF TRUST OF IRON WORKERS' MID-AMERICA PENSION PLAN

ESTABLISHED: January 30, 1957

RESTATED: July 8, 1977

RESTATED: January 1, 1997

TABLE OF CONTENTS

ARTICLE III

DUTIES AND POWERS OF THE TRUSTEES

AMENDMENT NO. 14

TO THE AGREEMENT AND DECLARATION OF TRUST OF THE IRON WORKERS' MID-AMERICA PENSION PLAN

EXHIBIT 3

AGREEMENT AND DECLARATION OF TRUST OF IRON WORKERS MID-AMERICA SUPPLEMENTAL MONTHLY ANNUITY (SMA) FUND

EFFECTIVE: January 1, 1997

TABLE OF CONTENTS

ARTICLE III

DUTIES AND POWERS OF THE TRUSTEES

AMENDMENT NO. 14

TO THE AGREEMENT AND DECLARATION OF TRUST OF THE IRON WORKERS' MID-AMERICA SUPPLEMENTAL MONTHLY ANNUITY (SMA) FUND

EXHIBIT 4

EXHIBIT 5

EXHIBIT 6

EXHIBIT 7

MARCH 2015 - LOCAL 112

APRIL 2015 - LOCAL 112

FEBRUARY 2015 - LOCAL 112

MARCH 2015 - LOCAL 112

APRIL 2015 - LOCAL 112

MAY 2015 - LOCAL 112

JUNE 2015 - LOCAL 112

JULY 2015 - LOCAL 112

Harley Erectors

Employer No. 8765

FEBRUARY 2015 - LOCAL 112

MARCH 2015 - LOCAL 112

APRIL 2015 - LOCAL 112

Harley Erectors

Employer No. 8765

FEBRUARY 2015 - LOCAL 112

EXHIBIT 8

EXHIBIT D

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

EXHIBIT 1

EXHIBIT 2

AGREEMENT

BETWEEN

INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL & REINFORCING IRON WORKERS LOCAL UNION #112, PEORIA, IL

AND

GREATER PEORIA CONTRACTORS & SUPPLIERS ASSOCIATION, INC.

AGREEMENT

PREAMBLE

ARTICLE 6 WAGE RATE

ARTICLE 10 WELFARE, PENSION, SMA, APPRENTICE, DUES ASSESSMENT, DEFENSE FUND, IMPACT, INDUSTRY FUND, AND BUILDING TRADES CHECK OFF

ARTICLE II DRINKING WATER — CLOTHES ROOM

ARTICLE 28 SCOPE OF AGREEMENT

EXHIBIT 3

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local Union No. 112

3003 N. Main Street • East Peoria, Illinois 61611 Phone 309-699-6489 • Fax 309-699-6480 iwlocal112@sbcglobal.net

APRIL 30, 2014

IMPORTANT NOTICE

TO ALL CONTRACTORS EMPLOYING IRONWORKERS UNDER LOCAL 112 AGREEMENT with GREATER PEORIA CONTRACTORS & SUPPLIERS ASSN.

Effective May 1, 2014 thru April 30, 2015 the following Wages and Fringe Benefits shall apply.

Fringe Benefits

Deductions from Iron Workers Gross Wages

EXHIBIT 4

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local Union No. 112

3003 N. Main Street • East Peoria, Illinois 61611 Phone 309-699-6489 • Fax 309-699-6480 iwlocal112@sbcglobal.net

APRIL 30, 2015

IMPORTANT NOTICE