The Sheet Metal Workers' International Association recently filed a complaint with the U.S. Securities and Exchange Commission to investigate Comfort Systems USA for failing to disclose a board position that a Comfort board member held with another public company.

Steven Harter was elected to the board of Transportation Components on Oct. 15, 1999, but this act was not disclosed in two subsequent Comfort Systems proxy statements.

Transportation Components, also known as TransCom USA, filed for Chapter 11 bankruptcy in June 2001.

According to the association, Harter has been more than just a board member of both companies. Through his firm Notre Capital Ventures, he was a key person in the creation of the TransCom and Comfort Systems roll-ups.

Two other roll-ups started by Harter's firm had similar problems: The Physicians Resource Group was delisted by the New York Stock Exchange in 1998 and filed Chapter 11 bankruptcy in early 2000; and Metals USA was delisted from the NYSE on Nov. 14, 2001, concurrent with that company's filing for Chapter 11 protection.