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    Case 2:12-cv-09324-DDP-VBK Document 157 Filed 10/23/13 Page 1 of 151 Page ID#:2591

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    PATRICK ADAMS, individually, andon behalf of all others similarlysituated;

    Plaintiffs,

    vs.

    INTERNATIONAL UNION OFOPERATING ENGINEERS, a tradeunion;JAMES T. CALLAHAN, anindividual;BRIAN E. HICKEY, an individual;WILLIAM C. WAGGONER, anindividual;PATRICK L. SINK, an individual;JERRY KALMAR, an individual;RUSSELL E. BURNS, an individual;

    RODGER KAMINSKA, an individual;JAMES M. SWEENEY, an individual;ROBERT T. HEENAN, an individual;DANIEL J. MCGRAW, an individual;DAREN KONOPASKI, an individual;MICHAEL GALLAGHER, anindividual;GREG LALEVEE, an individual;TERRANCE E. MCGOWAN, anindividual;LOUIS G. RASETTA, an individual;VINCE GIBLIN, an individual;CHRIS BROWN, an individual;

    PAUL BENSI, an individual;SANDRA ACOSTA, an individual:CORNEL SNEEKES, an individual;JIM SCRANTON, an individual;DENNIS LUNDY, an individual;ABLE ENGINEERING SERVICES, a

    business entity of unknown type;ABM ENGINEERING SERVICES; a

    business entity of unknown type;ENRIQUE ALCALA, an individual;ED CURLY, an individual;JOHN T. AHERN, an individual;JOHN M. HOLLIDAY, an individual;KUBA J. BROWN, an individual;BRUCE MOFFATT, an individual;JAMES T. KUNZ, JR. , an individual;JAMES ZAZZALI, an individual;MICHAEL R. FANNING, anindividual;CVS CAREMARK CORPORATION,a Delaware corporation;

    Case 2:12-cv-09324-DDP-VBK Document 157 Filed 10/23/13 Page 2 of 151 Page ID#:2592

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    TRIVANTAGE PHARMACYSTRATEGIES, LLC, a business entityof unknown citizenship;TRUVEN HEALTH ANALYTICS,INC., a Delaware corporation;KENNETH CAPEHART, formerlysued as Doe 1; and,DOES 2 through 100, inclusive,

    Defendants.

    Case 2:12-cv-09324-DDP-VBK Document 157 Filed 10/23/13 Page 3 of 151 Page ID#:2593

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    TABLE OF CONTENTS

    TABLE OF CONTENTS ....................................................................................... iI.

    INTRODUCTION .......................................................................................... 1

    II. JURISDICTION AND VENUE...................................................................... 1III. THE PARTIES TO EACH CLAIM FOR RELIEF ......................................... 2

    A. Plaintiffs ..................................................................................................... 2B. Defendants .................................................................................................. 5

    1. The IUOE Defendants ........................................................................ 52. The ABM Defendants ......................................................................... 93. The Able Defendants ........................................................................ 104. Local 501-Affiliated Defendants and Related Professionals ........... 115. Caremark/PBM Defendants .............................................................. 116. Removed Defendants and Doe Defendants ...................................... 12

    IV. DEFENDANTS MISCONDUCT ................................................................ 14A. Misconduct by the Able and ABM Defendants Caused Injury to Taft-

    Hartley Trust Funds Created to Benefit Plaintiffs and Local 501

    Members ................................................................................................... 141. Plaintiffs Discovered Evidence That ABM and Able Conspired

    with the IUOE to Divert or Withhold Millions of Dollars from

    Numerous Member Benefits Funds .................................................. 142. ABM and Able Conspired with IUOE to Operate Double-

    Breasted and Deprive Local 501 of Members and Revenues ........ 193. IUOE Conspired With ABM and Able to Allow Them to

    Circumvent Their Contract With Local 501 and Use Retired

    Employees to Avoid Benefit Fund Obligations ............................... 224. Able and ABM Management Employees Are Improperly

    Participating in the Central Pension Fund ........................................ 23

    Case 2:12-cv-09324-DDP-VBK Document 157 Filed 10/23/13 Page 4 of 151 Page ID#:2594

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    5. Able and ABM Targeted Local 501 Employees Sympathetic to theResistance and This Lawsuit ............................................................ 25

    B. Caremark Overcharged Local 501 Members and Other MembersNationwide and IUOE Conspired with Caremark to Make This

    Possible ..................................................................................................... 261. Defendants Diverted Caremark Reimbursements from Local 501s

    Health & Welfare Fund to IUOE and Imposed Caremark on IUOE

    Despite the Excessive Costs ............................................................. 262. IUOE Conspired with Caremark to Force Caremark on Members,

    Despite Caremarks Higher Prices ................................................... 273. Caremark Unilaterally Increased Rates to Pay for a Settlement in

    Which It Had to Reimburse for Overcharges ................................... 294. Caremark and IUOE Engaged in Bid Rigging and IUOE

    Threatened Retaliation Against Locals to Ensure That Caremark

    Was Selected as the PBM in all of the Largest IOUE Locals .......... 315. In Addition to Unilaterally Raising Rates, Caremark Engaged in

    Unfair and Deceptive Practices to Overcharge Locals Health &

    Welfare Funds................................................................................... 33C. IUOE Forced Plaintiffs Serving As Officers or Employees of Local

    501 and Others to Contribute to the Presidents Club/EPEC, a Political

    Action Fund .............................................................................................. 34D. Plaintiffs Discovered Many Examples of Embezzlement and Asset

    Diversion from Local 501 and IUOE Accounts Created for the Benefit

    of Union Members, But the IUOE Defendants Undermined Efforts to

    Recover Diverted Assets by Engaging in Conduct Violative of Their

    Duties of Loyalty to Members ................................................................. 381. Dennis Lundy Embezzled from the Apprenticeship Trust Account 38

    Case 2:12-cv-09324-DDP-VBK Document 157 Filed 10/23/13 Page 5 of 151 Page ID#:2595

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    2. IUOE President Giblin Protected Lundy by Providing HimEmployment at IUOE ....................................................................... 39

    3. After Lundys Departure from Local 501, Audits Uncovered theSubstantial Amount of Lundys Embezzlement ............................... 39

    4. Lundy Helped Operate a Sham BOMA and EPA 608 CertificationTesting System ................................................................................. 41

    5. Lundy Absconded with Re-Election Campaign Funds .................... 446. Plaintiffs Advised the DOL and IUOE About Lundys

    Embezzlement .................................................................................. 447. Pressure to Abandon the Lundy Investigations, Originating From

    Giblin, Was Applied to Local 501; Meanwhile, the Employer

    Trustees Loyal to Giblin Failed to Pursue Lundy ............................ 468. Jim McLaughlin Unsuccessfully Attempted to Appease Giblin,

    Who Frequently Expressed His Intention to Kill Those Who

    Challenged Him ................................................................................ 489. Giblin Forced Out the Duly-Elected Business Manager of Local

    501 .................................................................................................... 5010. After the Ouster of Jim McLaughlin, Plaintiffs Again Sought

    Assistance from the DOL ................................................................. 5611. Newly Appointed Business Manager Chris Brown Was Ordered by

    Giblin to Fire Plaintiffs Pette and Himmelberg ............................... 6212. IUOE and Curly, Acting Under IUOE Orders, Embezzled Monies

    From Local 501 Members Related to the Members Efforts to

    Protect Mr. Pette and Mr. Himmelberg ............................................ 6313. Giblins Demand that Local 501 Settle the Acosta Lawsuit to

    Avoid His Deposition ....................................................................... 64

    Case 2:12-cv-09324-DDP-VBK Document 157 Filed 10/23/13 Page 6 of 151 Page ID#:2596

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    14. IUOEs Leadership Used Threats of Physical and EconomicViolence, and Suborned Perjury, to Suppress Investigations and

    Usurp Control Over Local 501, All of Which Conduct Violated

    IUOEs Obligations to Its Members ................................................. 65E. Professionals Under IUOEs Control Acted at the Direction of IUOE to

    Harm Local 501 ........................................................................................ 74F. Giblin and IUOE Selected Zazzali to Fabricate the Appearance of

    Ethical Conduct by IUOE, While Actually Using Zazzali as Another

    Tool for the Oppression of Members Challenging IUOEs Widespread

    Corruption ................................................................................................ 75G. Election Abuses and Related Misconduct Harming Local 501s

    Members ................................................................................................... 781. Decertification Election Tampering by Giblin and IUOE at UCLA

    Cost Local 501 Roughly 600 Members and Was Used as One

    Pretext for Terminating McLaughlin ............................................... 782. IUOE and IUOEs Hand-Picked Operatives Refused to Permit

    Local 501 Members to Nominate and Elect Delegates of Their

    Choosing to Attend the IUOE General Convention in April 2013 .. 803. Curly, Capehart, and Other Incumbents, with IUOEs Help,

    Conspired to Steal the Recent Election, Using Such Tactics as

    Withholding State Worker Address Corrections from the Master

    Mailing List Used for Ballots to Reduce Votes from Demographic

    Groups Viewed as Hostile to Curly, Capehart and the Other

    Incumbents ........................................................................................ 844. Rick Alcala, Leading a Separate Spoiler Slate of Candidates,

    Harassed City of Los Angeles Employees Who Spoke with the

    Resistance Slate as Part of His Plan to Ensure That Curlys

    Incumbent Slate of Candidates Won the Election ............................ 85

    Case 2:12-cv-09324-DDP-VBK Document 157 Filed 10/23/13 Page 7 of 151 Page ID#:2597

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    H. Defendants and Their Agents Destroyed or Removed Records ThatShould Have Been Retained by Local 501 for 5 Years ........................... 90

    V. CLASS ACTION ALLEGATIONS .............................................................. 91VI.

    CLAIMS FOR RELIEF ................................................................................ 96

    FIRST CLAIM FOR RELIEF .............................................................................. 96SECOND CLAIM FOR RELIEF ....................................................................... 103THIRD CLAIM FOR RELIEF ........................................................................... 121PRAYER FOR RELIEF ..................................................................................... 128

    Case 2:12-cv-09324-DDP-VBK Document 157 Filed 10/23/13 Page 8 of 151 Page ID#:2598

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    I. INTRODUCTION1. Officers of labor unions are held to the highest standards of

    responsibility and ethical conduct in administering the affairs of the union.

    Unfortunately, while some union officers and trustees do place members interests

    above their own and act in accordance with the high standards governing their

    conduct, others, as this case unquestionably demonstrates, do not. This action

    arises from years of illegal activity by the International Union of Operating

    Engineers (IUOE or the International) and its controlling officers and co-

    conspirators. Local 501, a local trade union, and its members, were victimized by

    those many years of illegal activity, both by the IUOE and local officers of Local

    501 and trustees of its employee benefit plans. The unlawful abuses suffered by

    Local 501 and its members takes three predominant forms. First, millions upon

    millions of dollars were withheld and/or embezzled from Local 501, its affiliated

    trusts, and its membership, including Plaintiffs and class members. Second, Local

    501 was prevented from expanding its membership; the employers violating their

    contracts with Local 501 were protected by Defendants, who were receiving

    kickbacks for their protection. And, third, the membership of Local 501 was

    denied the right to freely select its own officers and General Convention delegates,

    through fair and honest elections.

    2. The conduct of Defendants harkens back to the days of unrepentantracketeering by organized crime, which makes some sense here. The IUOE

    conducts its affairs with the same disregard for others rights as the mob.

    II. JURISDICTION AND VENUE3. The action is brought, among other bases, under the Interstate

    Commerce Clause of the United States Constitution, and under ERISA. In

    addition, this action is brought pursuant to Article 1, Section 1 of the Constitution

    of the State of California and other statutes and laws of the State of California.

    Case 2:12-cv-09324-DDP-VBK Document 157 Filed 10/23/13 Page 9 of 151 Page ID#:2599

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    4. Jurisdiction is specifically conferred on this Court by various federalstatutes including, but not limited to ERISA 502(e)(1), 29 U.SC. 1132(e)(1).Original jurisdiction lies with this Court as to the federal questions raised herein,

    pursuant to 28 U.S.C. 1331.

    5. Jurisdiction over any California state law claims for relief contained inthis Complaint arises under the doctrine of supplemental jurisdiction, 28 U.S.C.

    1367(a).

    6. Venue as to each Defendant is proper in this District becauseDefendants are engaged in interstate and foreign commerce, and a substantial part

    of the events giving rise to the claims for violations of Federal law occurred in this

    District, all in the course of interstate and foreign commerce. Venue is also proper

    in this District pursuant to ERISA 501(e)(2), 29 U.S.C. 1132(e)(2).

    III. THE PARTIES TO EACH CLAIM FOR RELIEFA. Plaintiffs7. Plaintiff Finn Pette is, and at all relevant times was, a member of Local

    501. Mr. Pette also previously was financial secretary of Local 501, and a Business

    Representative for Local 501. Other than as to Defendants Able, ABM, Scranton,

    Sneekes, and Bensi, who were not parties to any agreement between Mr. Pette and

    IUOE, Plaintiff Pette limits his claims in this action to those events occurring on or

    after May 1, 2012. Plaintiff Pette was employed by Defendant ABM until 2002.

    8. Plaintiff James McLaughlin is, and at all relevant times was, a memberof Local 501. Mr. McLaughlin served as a Business Manager of Local 501. Mr.

    McLaughlin was the chairman of Local 501s Health & Welfare Trust, and the

    Apprenticeship Trusts of Southern California and Southern Nevada. Mr.

    McLaughlin was also the Vice President of the Western Conference of Operating

    Engineers. From April 1998 to June 30, 2009, Mr. McLaughlin served as a Vice

    President of the IUOE General Executive Board. He was re-elected by the general

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    members of the IUOE every 5 years to serve as a Vice President of the IUOE. On

    June 30, 2009, there were 14 Vice Presidents that served on the General Executive

    Board. At the time he was forced to resign as Vice President, he was the second

    most senior Vice President of the IUOE. Other than as to Defendants Able, ABM,

    Scranton, Sneekes, and Bensi, who were not parties to any agreement between Mr.

    McLaughlin and IUOE, Plaintiff McLaughlin limits his claims in this action to

    those events occurring on or after May 1, 2012.

    9. Plaintiff Daniel Himmelberg is, and at all relevant times was, amember of Local 501. Mr. Himmelberg was Chairman of the JAC, a Taft Hartley

    trust fund at Local 501, and also served Local 501 as its Assistant Business

    Manager. Other than as to Defendants Able, ABM, Scranton, Sneekes, and Bensi,

    who were not parties to any agreement between Mr. Himmelberg and IUOE,

    Plaintiff Himmelberg limits his claims in this action to those events occurring on or

    after May 1, 2012.

    10. Plaintiff Glenn Szalay is, and at all relevant times was, a member ofLocal 501.

    11. Plaintiff Jay Brophy is, and at all relevant times was, a member ofLocal 501. Mr. Brophy is retired.

    12. Plaintiff Anne Brophy is, and at all relevant times was, a member ofLocal 501. Mrs. Brophy is retired.

    13. Plaintiff Robert (Bob) Fox is, and at all relevant times was, amember of Local 501. Robert Fox is a former Business Manager of Local 501 and

    former Vice President of the IUOE. Mr. Fox retired as Business Manager of IUOE

    Local 501 and IUOE Vice President in 1992.

    14. Plaintiff John Crooks is, and at all relevant times was, a member ofLocal 501 assigned to the Las Vegas division of Local 501. He served as assistant

    training director of the JAC until January 2010, when he resigned.

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    15. Plaintiff Nye Nelson is, and at all relevant times was, a member ofLocal 501 and is retired from the position of Local 501 Business Agent in Los

    Angeles.

    16. Plaintiff Linda Pette is, and at all relevant times, was:(a) the spouse of Local 501 member Finn Pette; and,(b) a beneficiary of member Finn Pettes pension and healthcare

    benefits, provided by the Central Pension and the Health &

    Welfare Fund, respectively.

    17. Plaintiff Judy McLaughlin is, and at all relevant times, was:(a) the spouse of Local 501 member James McLaughlin; and,(b) a beneficiary of member James McLaughlins pension and

    healthcare benefits, provided by the Central Pension and the

    Health & Welfare Fund, respectively.

    18. Plaintiff Christine Himmelberg is, and at all relevant times, was:(a) the spouse of Local 501 member Dan Himmelberg; and,(b) a beneficiary of member Dan Himmelbergs pension and

    healthcare benefits, provided by the Central Pension and the

    Health & Welfare Fund, respectively.

    19. Plaintiff Erik B. Smith is, and at all relevant times was, a member ofLocal 501. He was employed by Defendant Able Engineering Services until he

    was terminated in and around January 2013 at least in part as retaliation for his

    unwillingness to put up with the wrongful conduct of Able and/or IUOE.

    20. Plaintiff Christopher Menor is, and at all relevant times was, a memberof Local 501.

    21. Plaintiff Patrick Adams is, and at all relevant times was, a member ofLocal 501. Plaintiff Patrick Adams last served in the position of Super Chief

    before being terminated by Defendant Able Engineering Services for cooperating

    with Local 501 members actively resisting IUOEs efforts to control Local 501 and

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    oppress its members. Mr. Adams was employed by Able from April 2008 to

    December 31, 2012. Mr. Adams has been employed by ABM since February 11,

    2013.

    22. All the Local 501 member Plaintiffs identified above are participantsand/or beneficiaries in the Operating Engineers Local 501 Security Fund (more

    commonly known as the Health & Welfare Fund, which describes its healthcare

    benefit function) and the Local 501 Southern California Operating and

    Maintenance Engineers Apprenticeship and Training Trust (more commonly

    known as the Training Trust, the JAC, or Joint Apprenticeship Committee).

    All Plaintiffs were participants in the Central Pension Fund, with the exception of

    the spouses of members, and they are beneficiaries under the Central Pension Fund.

    23. The Plaintiffs identified as members of Local 501 are also intendedbeneficiaries of all collective bargaining agreements entered into on their behalf

    with employers, including but not limited to defendants ABM and Able. In March

    2013, it was announced that Local 501 retirees would be dropped from the Health

    & Welfare plan unless they paid the full price of coverage, which, for some retired

    members, would cost at least $1,000 per month, and often much more, compared to

    the several hundred dollars per month that retired members were paying for many

    years prior.

    24. Plaintiffs reserve the right to seek leave to amend this complaint to addnew plaintiffs, if necessary, in order to establish suitable representative(s) of the

    Class proposed herein and/or any necessary sub-Class.

    B. Defendants1. The IUOE Defendants

    25. Defendant International Union of Operating Engineers (IUOE orthe International) is a trade union that primarily represents operating engineers,

    who work as heavy equipment operators, mechanics, and surveyors in the

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    construction industry, and stationary engineers, who work in operations and

    maintenance in building and industrial complexes, and in the service industries.

    IUOE also represents nurses and other health industry workers, a significant

    number of public employees engaged in a wide variety of occupations, as well as a

    number of job classifications in the petrochemical industry. Founded in 1896,

    IUOE today has approximately 400,000 members in approximately 123 local

    unions throughout the United States and Canada. IUOE is the 10th largest union in

    the AFL-CIO. Local 501 is a stationary local.

    26. Defendant James T. Callahan is the General President (GP) ofIUOE, allegedly selected in November 2011. Callahans ascension to the position

    of GP was nothing than an appointment by outgoing GP Giblin, as all officers of

    GEB swear allegiance to the GP and to his named successor. There has never been

    a contested election in the history of the IUOE for the position of General

    President. Defendant Callahan served as the IUOE General Secretary-Treasurer and

    was chosen as IUOE Vice President in 2008. Defendant Callahan is also a Trustee

    of the IUOE General Pension Fund.

    27. Defendant Brian E. Hickey is General Secretary-Treasurer of IUOE,chosen in November 2011. Mr. Hickey has served as an IUOE Vice President

    since 2001. Defendant Hickey is also a Trustee of the IUOE Central Pension Fund

    and also Business Manager of Local 399, located in Chicago, Illinois. Local 399 is

    also a stationary local. Defendant Hickey is the Treasurer of IUOEs EPEC

    Political Action Fund.

    28. Defendant William C. Waggoner is the First Vice President of IUOE.Mr. Waggoner was first chosen as an IUOE Vice President in 1980. Mr. Waggoner

    is also the Western States Director and Business Manager of Local 12

    headquartered in Pasadena, California.

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    29. Defendant Patrick L. Sink is the Third Vice President of IUOE. Mr.Sink was first chosen as an IUOE Vice President in 2004. Mr. Sink is Business

    Manager of IUOE Local 18 headquartered in Cleveland, Ohio.

    30. Defendant Jerry Kalmar is the Fourth Vice President of IUOE. Mr.Kalmar was first chosen as an IUOE Vice President in 2005. Mr. Kalmar is the

    Business Manager of IUOE Local 39.

    31. Defendant Russell E. Burns is the Fifth Vice President of IUOE. Mr.Burns was first chosen as an IUOE Vice President in October 2006. Mr. Burns is

    the Business Manager for IUOE Local 3 headquartered in Alameda, California.

    32. Defendant Rodger Kaminska is the Sixth Vice President of IUOE. Mr.Kaminska was first chosen as an IUOE Vice President in 2008. Mr. Kaminska is

    the Business Manager for IUOE local 101 headquartered in Kansas City, Missouri.

    33. Defendant James M. Sweeney is the Seventh Vice President of IUOE.Mr. Sweeney was first chosen as an IUOE Vice President in 2009. Mr. Sweeney is

    Business Manager for IUOE Local 150 headquartered in Countryside, Illinois.

    34. Defendant Robert T. Heenan is the Eighth Vice President of IUOE.Mr. Heenan was first chosen as an IUOE Vice President in 2009. Mr. Heenan is the

    Business Manager of IUOE Local 542 headquartered in Fort Washington,

    Pennsylvania.

    35. Defendant Daniel J. McGraw is the Ninth Vice President of IUOE.Mr. McGraw was first chosen as an IUOE Vice President in 2011. Mr. McGraw

    also has served as the Northeast Regional Director for the IUOE and is

    headquartered in Albany, New York. He is also the Business Manager for IUOE

    Local 158 headquartered in Albany, New York. IUOE locals in Albany, Rochester,

    Binghamton and Syracuse were merged to form Local 158. The merger was

    completed in January 2012.

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    36. Defendant Daren Konopaski is the Tenth Vice President of IUOE. Mr.Konopaski was first chosen as an IUOE Vice President in 2011. Mr. Konopaski is

    the Business Manager of IUOE Local 302 headquartered in Bothell, Washington.

    37. Defendant Michael Gallagher is the Eleventh Vice President of IUOE.Mr. Gallagher was first chosen as an IUOE Vice President in 2011. Mr. Gallagher

    is the Business Manager of IUOE Local 793 headquartered in Oakville, Ontario,

    Canada.

    38. Defendant Greg Lalevee is the Twelfth Vice President of IUOE. Mr.Lalevee was first chosen as an IUOE Vice President in 2011. Mr. Lalevee is the

    Business Manager for IUOE Local 825 headquartered in Springfield, New Jersey.

    39. Defendant Terrance E. McGowan is the Thirteenth Vice President ofIUOE. Mr. McGowan was first chosen as an IUOE Vice President in 2011. Mr.

    McGowan is also a Trustee of the IUOE General Pension Fund. He is the Business

    Manager of IUOE Local 139 headquartered in Pewaukee, Wisconsin.

    40. Defendant Louis G. Rasetta is the Fourteenth Vice President of IUOE.Mr. Rasetta was first chosen as an IUOE Vice President in 2012. Mr. Rasetta also

    serves as the Chairman of the Board of the IUOE General Pension Fund. He is

    Business Manager of IUOE Local 4 which is headquartered in Medway,

    Massachusetts.

    41. Defendant Vincent (Vince) Giblin was General President of IUOEfrom about 2005 until his retirement in November 2011.

    42. Defendant John (Jack) T. Ahern is the current Business Manager ofLocal 30, located in Richmond Hill, New York. Mr. Ahern served as a General

    Executive Board Member for IUOE and is currently serving on the GEB as one of

    five trustees for IUOE (the trustees on the GEB are constitutional positions tasked

    with monitoring the financial activities of the GEB).

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    43. Defendant John M. Holliday is the current Business Manager of Local917, located in Chattanooga, Tennessee. Mr. Holliday is currently serving on the

    GEB as one of five trustees for IUOE.

    44. Defendant Kuba J. Brown is the current Business Manager of Local94, located in New York City, New York. Mr. Brown is currently serving on the

    GEB as one of five trustees for IUOE.

    45. Defendant Bruce Moffatt is the current Business Manager of Local955, located in Edmonton, Alberta, Canada. Mr. Moffatt is currently serving on the

    GEB as one of five trustees for IUOE.

    46. Defendant James T. Kunz, Jr. is the current Business Manager of Local66, located in Pittsburgh, Pennsylvania. Mr. Kunz is currently serving on the GEB

    as one of five trustees for IUOE.

    47. Defendant James Zazzali is a retired New Jersey Supreme CourtJustice. Mr. Zazzali is currently associated with the law firm Zazzali, Fagella,

    Nowak, Kleinbaum, and Friedman, located in Newark, New Jersey. He was

    appointed by former IOUE General President to the position of Ethics Officer in

    2007. His hiring was ratified at the General Convention in 2008.

    48. Defendant Michael R. Fanning is the Chief Executive Officer forIUOEs General and Central Pension Funds.

    2. The ABM Defendants49. Defendant Cornel Sneekes was, at some relevant times, a management

    employee of ABM. Mr. Sneekes served as an employer/management Trustee on

    the Local 501 JAC board. ABM had under-contributed to the JAC Trust Fund

    during many of the years that Mr. Sneekes served as a Trustee. Sneekes took no

    action, as a fiduciary, to halt this conduct, to the detriment of the beneficiaries and

    participants whose interests he was required to serve with a single eye.

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    50. Defendant Jim Scranton was, at relevant times, the President of ABMEngineering Services. Mr. Scranton served as an employer/management Trustee on

    the Local 501 JAC board. ABM had under-contributed to the JAC Trust Fund

    during many of the years that Mr. Scranton served as a Trustee. Mr. Scranton

    served as a Trustee for the Health & Welfare Trust Fund through at least August

    2009, and then again in 2012. ABM had under-contributed to the Health &

    Welfare Trust Fund during many of the years that Mr. Scranton served as a Trustee.

    Scranton took no action, as a fiduciary on these funds, to halt this conduct, to the

    detriment of the beneficiaries and participants whose interests he was required to

    serve with a single eye.

    51. Defendant ABM Engineering Services is a business entity owned byABM Industries, Inc. which has employed many class members and certain of the

    named Plaintiffs, as discussed above.

    3. The Able Defendants52. Defendant Paul Bensi is the CEO of Able Engineering Services and a

    Trustee of the Central Pension Fund for the IUOE. Mr. Bensi, at all times relevant,

    served as an employer/management Trustee on the Local 501 JAC board. Mr.

    Bensi has served as a Trustee for the Health & Welfare Trust Fund through at least

    2013, becoming the Chairman of the Trust earlier this year. Mr. Bensi is one of

    only two Employer Trustees for the Local 39 Pension Plan. Mr. Bensi is also one

    of only two Employer Trustees on the Local 39 Annuity Trust Fund. Mr. Bensi

    also serves on the Joint Apprenticeship Committee for Local 39. Bensi has

    knowingly allowed under-contributions by Able to these funds while serving as a

    fiduciary to the funds participants and beneficiaries.

    53. Defendant Able Engineering Services is a business entity whollyowned by Able Services, which has employed many class members and certain of

    the named Plaintiffs, as discussed above.

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    4. Local 501-Affiliated Defendants and Related Professionals54. Defendant Ed Curly is the current Business Manager of Local 501,

    with fiduciary duties in that capacity to the members of Local 501. Defendant Curly

    was appointed by IUOEs GP to this position after Chris Brown was terminated by

    Callahan following Mr. Browns appointment by former GP Giblin. Defendant Ed

    Curly is currently operating Local 501 under the supervision of the current IUOE

    President, James Callahan. Mr. Curly has served, at relevant times, as a Trustee for

    the Health & Welfare Trust Fund.

    55. Defendant Kenneth Capehart, formerly sued as Doe 1, is the currentPresident of Local 501, with fiduciary duties in that capacity to the members of

    Local 501.

    56. Defendant Sandra Acosta was, at all relevant times, an employee ofIUOE Local 501. Mrs. Acosta served as a business representative.

    57. Defendant Dennis Lundy was, at relevant times, the Director of JAC.Dennis Lundy also serves on the Joint Apprenticeship Committee, California Unit

    #12, for Local 39. Dennis Lundy now serves as Western Regional Director of

    IUOE.

    58. Defendant Enrique (Rick) Alcala is a member of Local 501. He wasat one time an instructor for the JAC. He recently ran against Ed Curly and Finn

    Pette for Business Manager in Local 501s election that took place in August 2013,

    finishing last.

    5. Caremark/PBM Defendants59. Defendant CVS Caremark Corporation is a Delaware corporation.

    CVS Caremark Corporation (Caremark) was formed following the 2007 merger

    of CVS Corporation and Caremark Rx, Inc. Defendant Caremark is not currently

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    qualified to conduct business in California, according to the California Secretary of

    States website.

    60. Defendant Trivantage Pharmacy Strategies, LLC is a business entityorganized in a state not currently known to Plaintiffs. In 2009, Trivantage

    Pharmacy Strategies, LLC was acquired by Thomson Reuters. In 2012, Thomson

    Reuters agreed to sell Thomson Healthcare, including Trivantage Pharmacy

    Strategies, LLC, to Veritas Capital. The new company that was created out of this

    sale is Truven Health Analytics.

    61. Defendant Truven Health Analytics, Inc. is a Delaware corporationand the successor-in-interest to the obligations of Defendant Trivantage Pharmacy

    Strategies, LLC a business entity acquired by Thomson Reuters in 2009. On

    information and belief, Defendant Truven Health Analytics is financially

    responsible for the misconduct of Defendant Trivantage Pharmacy Strategies, LLC,

    though it is not alleged that Defendant Truven Health Analytics participated in any

    manner in the misconduct perpetrated by Defendant Trivantage Pharmacy

    Strategies, LLC.

    6. Removed Defendants and Doe Defendants62. James Van Dyke, no longer sued herein, was the Chief of Staff for

    IUOE, but he is now retired.

    63. Richard Griffin, no longer sued herein, was General Counsel for IUOEand has since left that position.

    64. Chris Brown, no longer sued herein, was the former Business Managerof Local 501, having been appointed by GP Giblin to fill the vacancy created when

    Giblin forced Mr. McLaughlin to resign as the duly elected Business Manager of

    Local 501. Mr. Brown was later removed from that position by Callahan after Mr.

    Brown disclosed Callahans instruction to Mr. Brown to provide false testimony at

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    a deposition. Mr. Brown also served as a Trustee for the Health & Welfare Trust

    Fund.

    65. Louis Levy, no longer sued herein, was an attorney that representedthe Board of Local 501 and membership of Local 501. Mr. Levy previously

    worked for IUOE three years earlier, performing legal services.

    66. Cynthia Escanuelas, no longer sued herein, was, at relevant times, theoffice manager for JAC.

    67. Randy Henningfield, no longer sued herein, was a Certified PublicAccountant hired to audit Trusts for Local 501, including the Apprentice Training

    Fund (JAC). Henningfield was married to Cynthia Escanuelas.

    68. Mike Russell, no longer sued herein, is a former President of Local501 and former local Executive Board member, at times relevant herein.

    69. Plaintiffs do not know the true names or capacities of the persons orentities sued herein as DOES 2-100, inclusive, or have not determined the nature of

    extent of their liability to Plaintiffs, and therefore sue said Defendants by such

    fictitious names. Each of the DOE Defendants was in some manner legally

    responsible for the violations alleged herein. Plaintiffs will amend this complaint

    to set forth the true names and capacities of these Defendants when they have been

    ascertained, together with appropriate charging allegations, as may be necessary.

    70. At all times mentioned herein, the Defendants named as DOES 2-100,inclusive, and each of them, were residents of, doing business in, availed

    themselves of the jurisdiction of, and/or injured Plaintiffs and aggrieved employees

    in the State of California, among other locations.

    71. At all times mentioned herein, each Defendant was the agent, servant,or employee of the other Defendants and in acting and omitting to act as alleged

    herein did so within the course and scope of that agency or employment.

    Defendants acted in concert or participation with each other, and/or aided and

    abetted one another, and/or were joint participants and collaborators in the acts

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    complained of, and/or were the agents or employees of one another in doing the

    acts complained of herein, each and all of them acting or omitting to act within the

    course and scope of said agency and/or employment by the others, each and all of

    them acting in concert one with the other and all together. Each Defendant was the

    co-conspirator, aider and abettor, agent, servant, employee, assignee and/or joint

    venturer of each of the other Defendants and was acting within the course and

    scope of said conspiracy, agency, employment, assignment and/or joint venture and

    with the permission and consent of each of the other Defendants.

    72. The term Defendants as used herein includes DOES 2-100(Defendant Capehart has been identified herein as Doe 1).

    IV. DEFENDANTS MISCONDUCT

    A. Misconduct by the Able and ABM Defendants Caused Injury toTaft-Hartley Trust Funds Created to Benefit Plaintiffs and Local

    501 Members

    1. Plaintiffs Discovered Evidence That ABM and AbleConspired with the IUOE to Divert or Withhold Millions of

    Dollars from Numerous Member Benefits Funds

    73. Able, a signatory to contracts with IUOE local unions, controlsroughly 25% of all stationary engineering positions in the state of California.

    74. ABM, a signatory to contracts with IUOE local unions, control roughly70% of all stationary engineering positions in the state of California.

    75. When Mr. Pette became the Financial Secretary of Local 501 in June2007, he was asked by Mr. McLaughlin to investigate Lundys possible

    embezzlement of funds from the Training Trust (sometimes referred to herein by its

    other common name, the JAC Fund). Ultimately, in addition to discovering that

    Lundy had, in fact, embezzled tens of thousands of dollars by submitting personal

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    expenses, such as lunches with his mistress, for reimbursement, Mr. Pette also

    observed that contributions to the Training Trust seemed insufficient and requested

    an audit. After an audit, it was determined that, in 2009, ABM had shorted the

    Training Trust approximately $180,000 and Able had shorted the Training Trust

    approximately $280,000. The shortfall should have been easy to detect and correct,

    were it not for the invidious usurpation of control of Local 501 by Defendants.

    76. Under the BOMA contracts that were in effect for the 5-year periodspanning 2007-2011, the Training Trust received $179 per member per year from a

    signatory employer employing a member. Because membership numbers are

    relatively stable, the contributions to the Training Trust should also be stable.

    However, an examination of IRS form 990 shows that this was not the case.

    Year Employer Contributions

    2004 $484,739.00

    2005 $438,760.00

    2006 $613,517.00

    2007 $719,827.00

    2008 $590,124.00

    2009 $1,079,473.00

    2010 $1,273,390.00

    The 2009 and 2010 figures represent the payments after Able and ABM were

    forced to address the shortfalls in their contributions.

    77. Paul Bensi of Able, and Jim Scranton and Cornel Sneekes of ABM, satas Employers Trustees of the Training Trust, including in 2009. In that capacity,

    they helped conceal for years the underpayments by Able and ABM to the Training

    Trust. They also used their influence to prevent audits of years prior to 2009.

    78. The $179 annual payment that Able and ABM were obligated to payinto the Training Trust for each member was not the only benefit fund contribution

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    that Able and ABM were obligated to pay for members. In addition to that annual

    payment, Able and ABM both agreed, pursuant to the BOMA CBAs, to contribute

    to members other benefit funds, including the Health & Welfare Fund and the

    Central Pension Fund. Contributions to the Health & Welfare Fund and the Central

    Pension Fund were and are calculated on an hourly basis. That is, the more hours a

    member worked each year, the higher the contributions to those benefit funds.

    79. Despite their obligations under the BOMA CBAs, Able and ABMwere also shorting their contributions to the Health & Welfare Fund at Local 501,

    established to purchase benefits, like healthcare plans, for members. The shorting

    scheme was fairly simple: Members were required to work a specific number of

    hours to be eligible for benefits through the Health & Welfare Fund. Once an

    employer reported that an employee worked the necessary number of hours, the

    employer was obligated to contribute money for each hour worked by the

    employee. After a certain number of hours were worked the employee-member

    would have fully funded that years benefits.

    80. For full-time employees, Able and ABM reported the number of hoursneeded to entitle the employee-member to full benefits for the year in question, but

    then Able and ABM stopped reporting all additional hours worked in order to

    eliminate their obligation to keep contributing to the Health & Welfare Fund

    beyond the minimum necessary to fund benefits. (Many class members worked far

    more than the minimum hours needed to become entitled to full benefits for the

    year.) While this would facially seem to cause no harm to Local 501 members, it

    was, in fact, highly prejudicial to the interests of members. When a member

    received additional Health & Welfare Fund contributions beyond the minimum

    necessary, those additional contributions would have, had they been paid, provided

    for payment of benefits in future years, including upon retirement. By

    underfunding the Health & Welfare Fund, Able and ABM deprived Local 501

    members of this supplemental benefit cushion, causing great financial harm to

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    them. It is believed that Able and ABM may have jointly underfunded the Health

    & Welfare Fund by millions of dollars over the Class period.

    81. Paul Bensi, Jim Scranton and Cornel Sneekes also used their influenceon the Health & Welfare Fund to ensure that the results of a promised audit of

    contributions of Able and ABM to the Health & Welfare Fund were never

    completed or presented.

    82. Beyond the underfunding of the Health & Welfare Fund, theunderreporting of hours resulted in a staggering cascade of other harm to Local 501

    and its members, including the underfunding of the Central Pension Fund for Local

    501 members. As explained above, since contributions to the Central Pension Fund

    also depend on the number of hours worked, Able and ABM were underfunding

    their contributions to the Central Pension Fund, by underreporting hours worked by

    members for benefit purposes. In addition to the underfunding of benefit funds, the

    underreporting of hours worked by members deprived Local 501 of much needed

    administrative operating contributions that would have been much higher had the

    correct number of hours been reported. This harmed Local 501s ability to operate.

    83. Despite this patent disregard of contractual obligations intended tobenefit Local 501 members (and other locals members around the country), Able

    and ABM were allowed to financially benefit by Defendants, including, but

    certainly not limited to, IUOE and Vince Giblin, who should have demanded the

    cessation of under-reporting and under-contributing. In return, Able and ABM

    rewarded the other Defendants.

    84. One example of the improper exchanges of favors and kickbacksbetween IUOE and contractors ABM and Able involved Dennis Giblin, son of

    Vince Giblin. Dennis Giblin was criminally charged under ERISA for receiving an

    improper gratuity. Under federal law, it is a crime for an employee of an ERISA-

    covered fund to receive or solicit any fee, kickback, commission, gift, loan, money,

    or thing of value because of any of the individuals actions, decisions, or other

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    duties relating to such fund. In 2010, Dennis Giblin pleaded guilty in Newark

    federal court to receiving kickbacks and embezzling in connection with a business

    transaction during his tenure as head of Local 68s job training and education

    program. The guilty plea was entered relatively quickly by Dennis Giblin to

    discourage deeper investigation into Local 68, which would have uncovered wider-

    ranging kickback schemes with Able and ABM.

    85. Due to his conviction, Giblin was ineligible to work for IUOE or Local68 under the LMRDA. So Vince Giblin approached Paul Bensi at Able and sought

    a kickback for Ables continued ability to operate double-breasted and underfund a

    number of Trusts created for the benefit of rank and file union members, including

    members of Local 501. Defendant Bensi created a high-paying position at Able for

    Dennis Giblin, despite his conviction, and Dennis Giblin was immediately hired by

    Able as consideration to Vince Giblin for allowing it to underfund member benefit

    funds and engage in other wrongful conduct related to the Central Pension Fund

    (offering access to management-level employees who were not union members).

    On one occasion, believed to be in and around May 2010, while Lundy was

    working for IUOE in support of a Senate re-election campaign, Lundy received a

    call from Vincent Giblin. Lundy used a speakerphone on the call. Others

    overheard the call. Vincent Giblin advised Lundy that he had completed a deal

    with Able to employ Dennis Giblin following Denniss criminal charges in Local

    68. Vincent Giblin also said that he made all audits in 501 go away. The audits

    referred not only to the audits directed at Lundy, but the audits targeting Able and

    ABM as well, and likely to uncover the extent of underpayments to JAC, the Health

    & Welfare Fund, and the Central Pension Fund.

    86. And Lauren Lundy, the daughter of Dennis Lundy, was given a job byBensi and Able in its Chicago, Illinois division, despite the fact that Dennis Lundy

    left Local 501 after looting the Training Trust.

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    2. ABM and Able Conspired with IUOE to Operate Double-Breasted and Deprive Local 501 of Members and Revenues

    87. Union contracts with ABM and Able require, at minimum, that anybuilding that is unionized through Local 501 must remain unionized in subsequent

    labor contracts and new buildings added must be opened to Local 501 for

    organization of the labor force in those new buildings. Among other things, ABM

    and Able are obligated to provide the names and contact information for all

    employees in non-unionized buildings added subsequent to the entry of the most

    recent labor contract. ABM and Able, with the cooperation of IUOE following the

    payment of some of their improperly retained profits to IUOE leadership, did not

    comply with their labor contracts.

    88. Instead, ABM and Able blatantly operate double breasted. In laborparlance, double breasted refers to the side-by-side operation of unionized and

    non-unionized workforces, though it is a term that is also, and more commonly,

    used to describe a business owner creating a second company to circumvent a

    collective bargaining agreement. For example, in a January 28, 2011 email, Maira

    Rodriquez circulated job opportunities at ABM and requested feedback on any

    necessary changes. The job opportunities listed both union and non-union

    stationary engineer positions:

    Date: Position Available Details Job No.

    12/30/2010 Union JourneymanEngineer

    Multiple Locations - LosAngeles/ Orange County. M-Fdays. Starting ASAP. Pay RateUnion scale. Deadline untilfilled.

    16092923RWS

    1/27/2011 Building Engineers(Chief, Assistant Chief,Utility Engineer, andBuilding Engineer)

    San Diego, Day shift, startingASAP, $18-$35/hr, Operationsand maintenance engineermust be experienced [sic] inHVAC boilers, chillers, andenergy management systems,as well as electrical and

    1677TE

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    plumbing. Deadline until filled.

    1/14/2011 Journeyman BuildingEngineer

    600 W. 7th Street. LosAngeles, Swing shift M-F,starting ASAP, Data Center,pay rate Union scale, strongelectrical background, deadlineuntil filled.

    16043160RD

    3/30/2010 Union JourneymanEngineer

    Century Plaza Towers, CenturyCity, Mon-Fri swing shift,Starting ASAP, Class A HighRise, Union Scale, Experienceneeded, Deadline until filled.

    16054042RWS

    And, in a December 30, 2010 email, Maira Rodriquez circulated job

    opportunities at ABM and requested feedback on any necessary changes. The jobopportunities listed both union and non-union stationary engineer positions,

    including the sample listed below:

    Date: Position Available Details Job No.

    4/15/2010 Certified/ Non CertifiedOMP

    Newport! Irvine, M-F days,starting ASAP, Class "A"

    Complex, Union BOMA Contractpayscale, 5-8 years OMPexperience, deadline until filled.

    1652CVB

    6/10/2010 Union Cert One PersonPlant

    West LA, M-F Days, StartingASAP, Union Scale, 5-8 years orhigher of OPP experience.Deadline until filled.

    1602CVB

    11/23/2010 Central Plant Operator 900 Corporate Pointe, CulverCity, Days M-F, January 1st,central plant campus, $38-$40/hr.

    deadline until filled.

    16042877RD

    8/3/2010 NU Engineer - Bldg.Engineer

    Beverly Hills, day shift M-F,starting date to be determined,Mid- rise, $30-$35, Strong HVACand strong electrical, EPA cert inrefrigeration, deadline until filled.

    1607KS

    8/3/2010 NU Engineer - Bldg.En ineer

    Beverly Hills, day shift M-F,startin date to be determined

    1604RD

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    Mid- rise, $30-$35, Strong HVACand strong electrical, EPA cert inrefrigeration, deadline until filled.

    3/30/2010 Union JourneymanEngineer

    Miracle Mile, Los Angeles, M-Fdays (8-4), Starting ASAP, Class

    A High Rise, Union Scale,Experience needed. Deadlineuntil filled.

    16042014RWS

    3/30/2010 Union JourneymanEngineer

    Century Plaza Towers, CenturyCity, Mon-Fri swing shift, Starting

    ASAP, Class A High Rise, UnionScale, Experience needed,Deadline until filled

    16054042RWS

    3/24/2010 Non-Union Engineer(Part-Time)

    Los Angeles,Part Time, 2-3 daysper week, Starting ASAP, $35/hr,Strong HVAC and strong

    electrical, EPA Cert inrefrigeration, Deadline until filled.

    16093080KS

    N/U or NU are non-union job opportunities.

    89. ABM also failed to disclose to Local 501 its contract to providestationary engineers to the entire California Courts system.

    90. Able also engages in widespread double-breasted operations. In onesuch case, referred to as the Jamison contract, notorious double-breasted building

    owner, Dr. David Lee (through Jamison Services, Inc.), contracted with exclusively

    with Able Engineering for staffing engineers in his buildings. But a comparison of

    the complete listing of all Able Engineering properties under the Local 501 CBA

    with that list of David Lee properties obtained from his company's website, reveals

    numerous buildings never disclosed to Local 501 for organization by Able. Well

    over 100 properties are missing from the Local 501 contract.

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    3. IUOE Conspired With ABM and Able to Allow Them toCircumvent Their Contract With Local 501 and Use Retired

    Employees to Avoid Benefit Fund Obligations

    91. Stationary Engineers are sometimes difficult to temporarily replacewhen they are unavailable for work for any reason. A policy was put in place to

    allow retired employees to work up to 40 hours a month in temporary coverage

    positions while still retaining their Central Pension Fund benefits. The purpose was

    to allow retired employees to cover spot vacancies for permanent employee

    members, when, for example, the permanent employee took a two week vacation or

    needed to take sick leave. Able and ABM misused the provision, bringing in

    retired employees for longer periods. Able and ABM then paid them by 1099 to

    hide them from detection during simple audits. Normally, Able and ABM would

    have been required to pay a portion of Health & Welfare benefits for those retired

    employees and pay into the Central Pension Fund for these retired employees

    working in excess of 40 hours a month in any given month. Able and ABM never

    paid their share of the Health & Welfare benefits and never paid into the Central

    Pension Fund for the time worked by those retired members.

    92. The use of 1099 payments hid this practice from Local 501. Mr. Pette,Mr. Himmelberg and Mr. McLaughlin were removed by Mr. Giblin to prevent them

    from detecting the full scope of this activity. This practice harmed Local 501

    membership but benefitted Bensi, who received enhanced bonuses based on

    lowered labor costs, and benefited Able and ABM, which avoided payments they

    should have made if they reported honestly.

    93. Because they were also Health & Welfare Fund Trustees, Mr. Bensi,for Able, and Mr. Scranton, for ABM, knew that Mr. Pette and Mr. Himmelberg

    were initiating audits into Ables and ABMs practices causing underpayments to

    JAC, Health & Welfare and the Central Pension Fund. Vincent Giblin, whose son

    was employed by Able following his criminal ventures at Local 68, could not allow

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    anything to upset his relationship with Able. Vincent Giblin immediately began his

    campaign to remove Mr. Pette, Mr. Himmelberg and Mr. McLaughlin from any

    position of authority in Local 501.

    94. The actions of Able and ABM were harmful to Local 501. An activemember, next on deck, who should have been employed, was denied work due to

    the use of retired workers in the 1099 scheme. This harmed Local 501 and the

    active member denied employment, as well as the various funds that did not receive

    contributions for hours worked.

    4. Able and ABM Management Employees Are ImproperlyParticipating in the Central Pension Fund

    95. At least 27 management employees of Able and ABM are improperlyparticipating in the Central Pension Fund (erroneously labelled the general

    pension fund in the First Amended Complaint), and there are undoubtedly more.

    Bob Fox called the Central Pension Fund and spoke with Mike Fanning in an initial

    attempt to identify the individuals improperly participating in that Fund. Mike

    Fanning said that the information would not be provided to him, could only be

    provided at the request of the local business manager, Curly, who has thus far (to

    Plaintiffs knowledge) refused to make such a request.

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    96. Other participants include the following:

    PAGAC, BRIAN V 1,039.98 42,897.96 $6,239.88 $135,000.44 02/13/1960 04/84 YES 06/12 22.00 $3,520.89

    MCTAGUE, LOU 1,039.98 63,816.67 $6,239.88 $199,110.83 09/04/1960 07/82 YES 06/12 26.00 $5,676.63

    MIRZAYAN, GEORGE 1,039.98 20,320.30 $6,239.88 $63,272.38 10/18/1958 10/89 YES 06/12 10.50 $1,445.37

    PAXTON, WILLIAM 1,039.98 41,223.71 $6,239.88 $66,476.36 06/07/1956 11/78 YES 06/12 20.00 $2,014.69

    SITZMAN, KURT 1,039.98 62,723.39 $6,239.88 $196,262.29 10/03/1959 03/83 YES 06/12 30.00 $5,636.54

    SESTO, ROMEO M 1,039.98 46,176.83 $6,239.88 $157,320.25 04/07/1956 01/88 YES 06/12 23.00 $4,355.20

    TURKICH, JOHN 1,039.98 20,089.29 $6,239.88 $101,044.93 08/04/1969 02/03 YES 06/12 9.70 $2,240.22

    WONG, STEVEN 1,039.98 58,118.59 $6,239.88 $196,316.66 01/27/1962 01/86 YES 06/12 27.00 $5,591.95

    MANNING, BRUCE C 1,140.00 58,600.60 $6,840.00 $170,680.05 05/11/1958 10/78 YES 06/12 27.10 $4,555.00

    SNEEKES, CORNEL 0.00 21,447.17 $0.00 $55,102.74 08/30/1956 08/82 YES 12/06 10.90 $1,814.08

    SORENSEN, E 0.00 32,479.89 $0.00 $99,038.77 07/01/1965 05/88 YES 02/10 16.00 $3,006.87

    LUTES, ROBERT MICHAEL 0.00 36,719.42 $0.00 $117,964.82 01/20/1970 01/91 YES 10/07 17.00 $3,933.11

    97. Ables ability to access the Central Pension fund and include Ablesnon-union personnel in the IUOE Central Pension Fund could not be approved on a

    local union level and had to be approved by the International General President, at

    that time, Vincent Giblin. Able grew rapidly as a result of assistance from IUOE

    that included permission to offer participation in the IUOE central pension fund(restricted to IUOE members) to managerial employees of building owner/operators

    as an enticement to leave ABM and hire Able to provide stationary engineering

    services. IUOE encouraged Ables growth through these unlawful means so that

    ABMs position in the industry would weaken and IUOE could play ABM and

    Able off against each other. Able grew in a matter of a few years from an obscure

    company to the second largest in the country with regard to the number of buildings

    it manages. Once Able had attained an adequate market share, Giblin could

    credibly offer Bensi a Trustee position on the Central Pension Fund as well, further

    ensuring Bensis and Ables loyalty to Giblin and IUOE leadership.

    98. Jim Scranton was a managerial-level employee at ABM and was noteligible to participate as a management employee in the IUOE Central Pension

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    Fund. Nevertheless, Mr. Scranton is currently receiving distributions from the

    Central Pension Fund.

    99. The inclusion of non-union members in the Central Pension Fundunreasonably exposes union member plan participants to the risk that, in the event

    of an underfunding, the union members will be forced to contribute additional

    funds to cover distributions to non-members in a pension fund that was established

    exclusively for IUOE members. When Giblin allowed such behavior to occur, he

    breached his fiduciary duties to members, both in his role as a union officer and as

    a Trustee. Likewise, James Callahan breached his fiduciary duties to members,

    both in his role as a union officer and as a Trustee. Paul Bensi, a Trustee on the

    Central Pension Fund, has also breached his fiduciary duties to members as a

    Trustee. The GEB members, who all continue to passively permit this

    inappropriate arrangement, have also breached their fiduciary obligations to IUOE

    members in the Central Pension Fund.

    100. The inclusion of non-member, management employees createsconflicting incentives regarding compensation and benefits packages, since

    management-level employees benefit from any emphasis on pension benefits, to the

    exclusion of other forms of compensation for union members. The creation of this

    inappropriate incentive also violates fiduciary obligations to union members.

    5. Able and ABM Targeted Local 501 Employees Sympatheticto the Resistance and This Lawsuit

    101. Individuals known or believed to be sympathetic to or cooperative withthe resistance in Local 501 are now being targeted in retaliation by Able and ABM.

    Pat Adams, a Super Chief, and Erik Smith were terminated from their positions

    with Able because it was believed that they were sympathetic or cooperative with

    the resistance in 501. Able personnel were at union meetings and observed Mr.

    Smith and others wearing clothing or pins indicating their support for the

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    resistance at Local 501. Able personnel observed resist buttons on Mr. Smith

    and others at their job site.

    102. Eric Sorenson, an ABM Vice President,