St. Louis Painters Pension Plan

Request for Proposal for Legal Counsel Services

Submitted By:

Spector, Wolfe, McLaughlin & O’Mara, LLC

710 South Kirkwood Road

Kirkwood, Missouri 63122

(314) 909-0303 – Telephone

(314) 909-0306 – Facsimile

Table of Contents

  1. Firm Background and Practice Areas
  1. Paragraph 6: Proposal Contents
  1. PartnerResumes
  1. Malpractice Declaration Page
  1. Sample Retainer Fee Agreement
  1. Sample Hourly Fee Agreement

Firm Background and Practice Areas

The law firm of Spector & Sweeney was formed in 1995 and specialized in the representation of collectively-bargained multiemployer labor-management employee benefit funds as it pertained to dealing with the Taft-Hartley related issues and the Employee Retirement Income Security Act of 1974 (“ERISA”). The firm’s representation included delinquency collections, subrogation and fiduciary compliance as well as representing labor organizations on issues such as the Labor-Management Relations Act (ALMRA@), the National Labor Relations Act (ANLRA@). Shortly thereafter, Gary S. Wolfe joined the firm to create Spector, Sweeney & Wolfe, LLC, thereby expanding the firm’s legal representation into the areas of insurance defense, personal injury and workers= compensation litigation. In January 2007 the labor law firms of Spector & Wolfe, LLC and The McLaughlin Law Firm, LLC merged their respective practices to establish what was known as Spector, Wolfe & McLaughlin, LLC. Finally, in March 2014, Timothy P. O’Mara and The O’Mara Law Firm, LLC merged with Spector, Wolfe & McLaughlin, LLC expanding upon the firm’s already existing practice of personal injury and workers’ compensation litigation while offering additional services in the areas of family law, criminal law and estate planning. Today, the firm is known as Spector, Wolfe, McLaughlin & O’Mara, LLC.

Spector, Wolfe, McLaughlin & O’Mara, LLC brings with it eighty-seven (87) years of experience representing collectively-bargained multiemployer benefit funds, labor unions, their members and families in various areas of litigation, labor and employee benefit law. The firm’s passion for labor law is rooted in not only each partner=s long-standing relationship with the labor movement but in each partner=s past membership in local labor organizations. Throughout the firm’s existence it has provided representation to collectively-bargained multiemployer benefit funds and labor organizations ranging from the manufacturing industry to construction craft trades. The firm’s representation includes the representation of twelve (12) multiemployer benefit funds in various construction, service and manufacturing industries ranging from Glaziers and Architectural Glass and Metal Workers, Local Union No. 513, Teamsters, United Food & Commercial Workers= Local No. 88 and I.A.T.S.E. Local No. 6. The firm specializes in all aspects of Employee Retirement Income Security Act of 1974 (AERISA@) and jointly trusteed Taft-Hartley, labor-management fund representation including but not limited to providing general counseling in all matters relating to ERISA, ERISA litigation and collection of employer=s delinquent contributions. In addition, the firm=s representation of labor unions spans both Missouri and Illinois and includes representation of International Brotherhood of Teamsters Local Union Nos. 610, 618, 682 and 688, Laborers= International Union of North American Local Union Nos. 42, 100, 397 and 829, United Food and Commercial Workers= Local Union Nos. 88 and 534, Glaziers and Architectural Glass and Metal Workers, Local Union No. 513, the Surgical Instrument Worker=s Union and various labor councils. In recent years, the firm has expanded its representation into the area of political subdivisions and fire protection districts in areas ranging from general consultation in all aspects of Chapter 321 of the Missouri Revised Statutes (“Section 321 RSMo”), drafting of ordinances, resolutions and personnel matters. Still further, the firm has an expansive practice area representing working families in litigation, including personal injury, workers’ compensation, criminal and family law as well as estate planning.

Paragraph 6:Proposal Contents

Please submit a response containing the following:

  1. Provide a brief description of your firm (no more than two pages).

See Tab #1

  1. What is the address of the office that would provide legal services?

710 South Kirkwood Road, Kirkwood, Missouri 63122

  1. Does your firm provide legal services to other multiemployer plans? If so, for how long? Please provide a listing of all such clients.

Yes, SWMO has provided legal services to multiemployer fringe benefit plans since 1995. Our current multiemployer fringe benefit plan clients include:

  • Automotive, Petroleum and Allied Industries Employees= Welfare Fund
  • Glaziers Local Union No. 513 Fringe Benefit Funds:
  • Apprenticeship Training & Journeyman Education Trust Fund
  • Glaziers, Architectural and Glassworkers Local 513 Division A, Glazier Unit Money Purchase Plan
  • Glaziers, Architectural and Glassworkers Local 513 Division A Pension Fund
  • Glaziers and Glassworkers Local Union No. 513 Vacation and Holiday Trust Fund
  • St. Louis Glass and Allied Industries Health & Welfare Insurance Fund
  • International Alliance of Theatrical Stage Employees Local 6 Health and Welfare Trust Fund
  • Local 682 Health and Welfare Trust Fund
  • Meat Cutters’ Union Local No. 88 and Food Employers’ and Allied Industry Pension Plan
  • Teamsters Local 610 Prescripticare Trust Fund
  • UFCW Union Local No. 88 & Employers Health and Welfare Fund
  • United Automotive Association Pension Plan
  1. Describe your experience with DOL and IRS audits and other matters involving the DOL/IRS pertaining to employee benefit related issues.

SWMO has represented and guided its clients through various issues and inquiries from both the Department of Labor and Internal Revenue Service, including but not limited to DOL audits and IRS Plan Determination matters. Most recently, SWMO has worked through issues and negotiated a settlement with the Department of Labor relative to an audit on Automotive, Petroleum and Allied Industries Employees= Welfare Fund. In addition, SWMO represented the Glaziers, Architectural and Glassworkers Local 513 Division A, Glazier Unit Money Purchase Plan in a Plan Determination issue as a result of past Trustees failure to properly amend the plan document relative to the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA).

  1. Describe your ERISA related litigation experience, including collection matters.

SWMO serves as general counsel to each of its clients identified in response to question c above in the capacity of collection counsel. This representation includes the initial demand for payment based upon delinquent contributions and/or payroll compliance examination findings through the litigation and ultimately collection process. In addition, SWMO has litigated more complex ERISA matters, such as alter-ego determinations, on behalf of Teamsters Local Union No. 50 and Central States Pension Fund against employers attempting to elude obligations pursuant to a collective bargaining agreement.

  1. Describe other services provided by your firm which make you uniquely qualified to provide services to the Funds.

SWMO has attorneys with practice experience and expertise in not only the area of multiemployer fringe benefit plan representation but also in the areas of bankruptcy and tax law with one of its partners being a certified public accountant. In addition, SWMO has close relationships with various local, regional and national Fund Consultants, Actuaries and Investment Managers which provides for a vast wealth of knowledge and resource.

  1. Please provide three multiemployer fund clients for whom you are presently legal counsel that we may contact for references.

Glaziers, Architectural Metal and Glassworkers Fringe Benefit Funds:

Roger Sandbothe, Chairman

5916 Wilson Avenue

St. Louis, MO 63110

314-644-3922 – Fund Office

636-970-7222 – Glastek Glazing

United Auto Association Pension Plan

Marvin Kropp

9040 Lackland Road

St. Louis, Missouri 63114

314-426-4618

United Food & Commercial Workers= Local No. 88 & Employers Health & Welfare Fund

Kevin Beckerle, Chairman

St. Louis, MO 63110

314-984-1315

  1. Have you ever been discharged as counsel for a multiemployer fund? If so, please explain.

No

  1. In what states are you licensed to practice law?

Missouri and Illinois

  1. Does the firm maintain malpractice, errors and omissions insurance, or professional liability coverage? If so, please disclose coverage, liability limits and the name of the insurance carrier.

SWMO maintains malpractice coverage through Affinity/AXIS Insurance Company (AON). See attached Tab #4 – Malpractice Declaration Page; but more specifically, SWMO’s limits of liability are $500,000.00 each claim and $1,500,000.00 aggregate.

  1. Identify attorney or attorneys who would be responsible for this account and indicate:
  1. Whether the attorney(s) would personally perform some, all or none of the work for this account (as opposed to overseeing its performance by others), and
  1. Whether the same attorney(s) would attend the necessary Board and/or Committee meetings.

Brian A. Spector

Daniel M. McLaughlin

Gary S. Wolfe

Each attorney listed above is a partner at SWMO and would be responsible for various aspects of the Fund’s representation and would work collaboratively. Each partner will attend the necessary Board and/or Committee meetings as requested by the Trustees.

  1. Attach a brief resume of the attorney(s) that would be assigned to this engagement. Be sure to describe prior employee benefit plan experience and identify trust fund and multiemployer clients of this attorney(s).

Brian A. Spector

A partner in the law firm since 1995, completed his undergraduate studies at the University of Missouri-St. Louis in 1978. He then went on to the Saint Louis University School of Law graduating in 1989.

Brian, a former member of Teamsters Local Union No. 610 has been licensed to practice law in the State of Missouri since 1989. In addition to providing general counseling to our current multiemployer health & welfare and pension funds in all matters relative to ERISA compliance and litigation, Brian has provided legal services to the Construction Industry Laborers Pension and Health and Welfare Funds of Greater St. Louis. Brian also specializes in representing labor organizations and its members in their rights and duties under the NLRA and LMRA in areas such as grievance hearings, arbitrations and contract negotiations. Brian is admitted to practice before the United States Supreme Court, the United States District Courts for the Eastern and Western Districts of Missouri and the United States Court of Appeals for the Eighth Circuit and before all courts in the State of Missouri.

Daniel M. McLaughlin

A partner since 2007, graduated from Quincy University in 1994 and went to law school at Southern Illinois University at Carbondale, School of Law graduating in 2000.

Dan, a former member of the Plumbers’ & Pipefitters’ Local Union No. 562 has been an attorney since 2000 and is licensed to practice in the States of Missouri and Illinois. In addition to providing general consultation to health & welfare, pension and various other labor-management funds in areas of ERISA compliance, ERISA litigation, delinquency collections and subrogation to SWMO’s current multiemployer client base, Dan has provided legal services to various other Laborer, Painter, Teamster and Pipefitter multiemployer funds throughout his legal career. He also provides general consultation to labor organizations and its members in all matters relative to their rights and duties under the NLRA and LMRA with a focus on contract negotiations, representation of the local and its members in grievance hearings, arbitrations and litigation. In addition to the aforementioned areas Dan focuses on the representation of political subdivisions in areas ranging from general consultation in all aspects of Section 321 RSMo, drafting of ordinances and resolutions, drafting of contracts for services and personnel matters. He is admitted to practice before the United States District Courts for the Eastern District of Missouri and the Southern and Central Districts of Illinois, the United States Court of Appeals for the Seventh and Eighth Circuits and before all courts in the States of Missouri and Illinois.

Gary S. Wolfe

A partner since 1997, is a 1975 graduate of Southern Illinois University at Edwardsville, and a 1990 graduate of the Saint Louis University School of Law with multiple honors.

Gary, a former member of the now defunct International Association of Firefighters, Local Union No. 398 and International Brotherhood of Electrical Workers, Local Union No. 4, has been licensed to practice law in Missouri since 1990 and Illinois since 1991. Gary’s practice consists of consultation on various issues including representation of collective bargaining agreements, grievance and arbitration matters and general litigation such as defense of charges of discrimination and breach of duty of fair representation. His practice includes NLRA, LMRA and Railway Labor Act laws where he has litigated favorably against the Federal Aviation Administration in favor of piolets. In addition, Gary practices in the area of ERISA litigation. He is admitted to practice before the United States District Courts for the Eastern District of Missouri, Southern District of Illinois and United States Court of Appeals for the Seventh Circuit and before all courts in the States of Missouri and Illinois.

See Tab #3 for complete Resumes

  1. Has any attorney affiliated now or in the past with the firm been disciplined by any state bar association? If so, please describe.

No

  1. Is there pending litigation against the firm? If so, please describe the basis of the claim.

No

  1. Is there any current or potential conflict of interest of which we should be aware related to your providing services to the Funds?

No

  1. Please provide a copy of your standard Legal Services Retainer Agreement.

See Tab #4

  1. Please describe in detail the billing rates, practices and policies of your firm that would apply if your firm were engaged to serve as Fund counsel. Be sure to discuss any costs related to travel, copying, etc. Would you be willing to guarantee your billing rates and/or retainer fee for more than one year? If so, for how long? Please include rates for services considered outside routine services to be provided.

SWMO is willing to enter into an hourly and/or retainer fee agreement. If an hourly fee agreement is preferred by the client it is billed on the tenth of the hour (.10). We bill portal to portal except for extraordinary travel. The time spent in such instances would be billed as an agreed upon reduced rate. The Fund would be billed for the costs associated with said travel. SWMO current hourly rate is $180.00 per hour. SWMO’s non-lawyer or paralegal hourly rate is $85.00 per hour. SWMO would guarantee these rates for a period of two (2) years. General photocopying is not billed; however, special project that require an outside printer are billed to the Fund. In addition, courier expenses, service of process and other litigation costs and expenses are billed to the Fund. In the event the Fund prefers a retainer fee based agreement SWMO would provide the services outlined in Tab #5 as part of the retainer. All other litigation and plan document preparation would be charged at the hourly rate of $180.00 per hour.

See Tabs #5 and 6

  1. What is the expiration date of your Proposal?

One (1) year

  1. Please provide the name and position of the individual submitting the above responses on behalf of your firm.

Daniel M. McLaughlin, Partner

  1. Does your firm represent any employer associations? If so, please list the full name, address and telephone number of each, together with the name of the executive director of each such association.

No