Trustees of the Chicago Painters & Decorators Pension Fund v. John Kny Painting & Decorating, Inc.

188 F. Supp. 3d 760, 2016 U.S. Dist. LEXIS 67686, 2016 WL 2958372
CourtDistrict Court, N.D. Illinois
DecidedMay 23, 2016
DocketCase No. 14 C 6507
StatusPublished
Cited by3 cases

This text of 188 F. Supp. 3d 760 (Trustees of the Chicago Painters & Decorators Pension Fund v. John Kny Painting & Decorating, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trustees of the Chicago Painters & Decorators Pension Fund v. John Kny Painting & Decorating, Inc., 188 F. Supp. 3d 760, 2016 U.S. Dist. LEXIS 67686, 2016 WL 2958372 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge:

The trustees of six multi-employer fringe benefit funds sued John Kny Painting & Decorating, Inc. (Kny. Painting), Fine Finishes & Restoration, Inc. (Fine Finishes), and John H. Kny, alleging that they violated the Employee Retirement Income Security Act of 1974 (ERISA). Plaintiffs alleged that Kny closed Kny Painting and opened Fine Finishes in its stead for the sole purpose,of evading Kny Painting’s obligations under a collective bargaining agreement.

The Court previously denied both parties’ motions for summary judgment. See Trs. of the Chi. Painters & Decorators Pension Fund v. John Kny Painting & Decorating, Inc., No. 14 C 6507, 2016 WL 406328 (N.D.Ill. Feb. 3, 2016). The Court conducted a -bench trial on March 25-29, 2016. This constitutes the Court’s findings of fact and conclusions of law pursuant to Fed. R. Civ. P. 52(a).

Facts

Kny’s father incorporated Kny Painting in 1976 and launched the company in 1979. Around the same time, Kny joined his father’s company. He started at Kny Painting as a part-time helper while still in high school, but after graduating in 1980, Kny began to work full-time as a painter. From 1981 until it ceased operations in 2010, Kny Painting was a signatory to successive versions of a collective bargaining agreement (CBA) with Painters’ District Council # 14 (the Union). Each iteration of the CBA required the company to pay certain wages and make contributions to fringe benefits funds for Kny Painting’s employees. Kny Painting last bound itself to the CBA for a five-year term running from June 1, 2007 through May 31, 2012.

Kny’s father was the company’s founder, sole owner, and sole shareholder, and he remained the sole owner and shareholder throughout the company’s existence. As the years passed, however, Kny began to take on more responsibility in his father’s business. In 1988, Kny was authorized to sign his father’s name to a memorandum agreement binding, Kny Painting to the CBA. In 1998, Kny assumed the presidency of Kny Painting from his father, at which .time the company’s business address was changed to Kny’s-home address. Kny also stopped working as a painter and began .estimating .and preparing bids for [764]*764the company, paying its bills, ordering supplies, invoicing, preparing payroll, and supervising the company’s workforce.

Kny’s father, meanwhile, started to take a lesser role in the company. He began drawing a pension in 1994, which required him to work fewer than thirty-nine hours per week in the finishing industry. (Kny testified at trial that his father sometimes worked more than this and sometimes worked far less.) Kny’s father also became less visible, both to Kny Painting employees and to the outside world. One former Kny Painting employee, Paul Pplinski, testified that he began to perceive Kny as his supervisor around 1995. Andrew Demo-poulos, another former Kny Painting employee, testified that' it was Kny, not his father, who hired him in 1996; Gary Delwo said the same about his hiring pi 1997, as did Felipe Diaz and Robert Siarny about their hiring in 2000.

At least as early as when he took over as president in 1998, Kny was the primary point of contact for Kny Painting clients and customers, manning the company’s business telephone line from his home and giving his personal cellular telephone number to more important or demanding clients who wanted to reach him. Scott Himmel, an architect and engineer who works in interior design and interior architecture, testified that in his first experiences working on projects with Kny Painting in 2001 and 2003, he was only ever familiar with Kny and did not know anything about Kny’s father. From 2005 on, Kny’s father did not receive a salary from Kny Painting, and Polinski and Demopou-los viewed Kny as their sole supervisor and manager. Polinski testified that during this time, he saw Kny’s father at worksites roughly once per month on what appeared to be social visits; Delwo testified that when he visited every few weeks, Kny’s father was always accompanied by his son, who seemed to be the one truly in charge.

This is not to say that Kny’s father was completely uninvolved in the business. Kny testified that every decision he made on behalf of Kny Painting, both before and after he became president, was subject to his father’s approval. Errol Boyd, an artist Kny hired to Kny Painting in or around 2006, testified that he made Kny’s father’s acquaintance shortly after he was hired, when Kny’s father was making the rounds at a job site. Boyd stated that Kny’s father visited job sites (with Kny) to evaluate the company’s work on a weekly or biweekly basis and that he made it clear when he met Boyd that he had reviewed Boyd’s portfolio of work during the hiring process. Delwo, meanwhile, testified that he was deferential when Kny’s father visited a job site because Kny’s father was “the boss.” And although none of the witnesses was privy to the ownership structure of Kny Painting, Kny’s father was always the only owner of the company. But it was Kny who signed Kny Painting’s lease for its shop in Buffalo Grove in 1999, purchased a shop space in Wheeling for the company in 2005, and wrote checks to the company when it struggled to make payroll between 2006 and 2009. Kny testified that he considered those checks to memorialize loans to Kny Painting, but acknowledged that the company only sometimes repaid them.

After 1998, Kny was also responsible for submitting Kny Painting’s membership applications to the Finishing Contractors Association. These applications required Kny Painting to indicate what type of work it performed. On an application dated January 22, 2007, Kny indicated that Kny Painting performed residential “wallcover-ing,” “fine decorating,” “wood refinishing,” “staining,” and “all faux”. Pls.’ Ex. J. In another application dated March 20, 2007, Kny indicated that Kny Painting performed residential “wallcovering” and “any + all types of faux”. Id. In an application dated February 12, 2008, Kny indicated [765]*765that Kny Painting performed residential “wallcovering,” “fine decorating,” and “application of silks or murals[,] wood finishing/strip/wax, all faux, plasters, guilding [sic]”. Id.

According to a competitor familiar with the company’s work, another member of the painting and decorating community, and former Kny Painting employees, Kny’s representations on these applications accurately summarized the work Kny Painting performed and was known to perform. Jeffrey Hester, vice-president and co-owner of Hester Decorating (and a Fund trustee), testified credibly that .his company competed directly with Kny Painting for over twenty years. He described the scope of his company’s work in high-end residential painting, wallpapering, and finishing, and described other work like faux finishing (including Venetian plastering), wood varnishing, wood distressing, and glazing and painting floors. He also testified that because Hester Decorating and Kny Painting were the two big players in high-end residential painting, Kny Painting submitted bids on roughly half of the high-end residential jobs that Hester obtained.

Scott Himmel testified that he had his first experience with Kny Painting in the early 2000s, when one of his clients wanted Kny Decorating would have to be on multimillion dollar renovation to a large high-end high-rise residence.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
188 F. Supp. 3d 760, 2016 U.S. Dist. LEXIS 67686, 2016 WL 2958372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trustees-of-the-chicago-painters-decorators-pension-fund-v-john-kny-ilnd-2016.