Bakery workers win summary judgment against Just Born: decision affirms narrow scope of negotiated no-strike clause

December 29, 2017–Local Union No. 6 of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union of America won summary judgment against Just Born, Inc., a Bethlehem, Pennsylvania candy manufacturer that sued the Union claiming that a September 2016 strike violated the collective-bargaining agreement, which Just Born claimed had been orally extended. The United…

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Court rejects challenge to pension plan’s rate of interest on unpaid contributions

December 29, 2017–In a matter of first impression, the District Court for the Middle District of Tennessee rejected an employer’s challenge to the interest rate applied by a multiemployer pension plan to overdue contributions and withdrawal liability payments. Interpreting and applying the relevant PBGC regulation, the Court held that the PACE Industry Union-Management Pension Fund’s…

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D.C. Circuit requires OSHA to reconsider omission of certain medical removal protections from new silica standard

December 22, 2017—The United States Court of Appeals for the District of Columbia Circuit sustained the new silica standard promulgated by the Occupational Health and Safety Administration (“OSHA”) against a multipronged challenge by industry employers impacted by the standard. The new standard lowers the permissible exposure of workers to respirable crystalline silica—a dangerous substance commonly…

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Second Circuit affirms judgment in ERISA class action, sustaining class-wide relief without proof of reliance (July 2017)

July 6, 2017—In Osberg v. Foot Locker, Inc., 862 F.3d 198 (2d Cir. 2017), the Second Circuit Court of Appeals rejected employer arguments that would have made it far more difficult to obtain class relief in employee-benefits cases under the Employee Retirement Income Security Act, holding that reformation of a pension plan document and monetary…

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Eleventh Circuit affirms dismissal of employer suit challenging rehabilitation plan (May 2017)

The United States Court of Appeals for the Eleventh Circuit has issued a decision that will assist pension funds’ efforts to protect worker benefits and to address funding shortfalls, affirming the dismissal of a lawsuit filed by WestRock RKT Company against the PACE Industry Union-Management Pension Fund. WestRock, a participating employer in the Fund, challenged…

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United States Women’s National Team Players Association agrees to landmark CBA with U.S. Soccer Federation (April 2017)

April 5, 2017 – The United States Women’s National Team Players Association (“WNTPA”) and the U.S. Soccer Federation ratified a landmark five-year collective bargaining agreement that will provide significant pay increases and other improvements to working conditions for Players on the World-Cup-champion United States Women’s National Team (“WNT”).  In addition to the increases to base…

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National Labor Relations Board concludes CSA committed numerous unfair labor practices (February 2017)

February 14, 2017 — An Administrative Law Judge of the National Labor Relations Board concluded that the Colorado Symphony Association (“CSA”) committed numerous unfair labor practices in its efforts to alter the terms on which its musicians are compensated for recording commercial CDs, videogames, and motion picture scores. Based on the evidence adduced at an…

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Bakery workers prevail in first decision interpreting certain recent amendments to the federal Pension Protection Act (February 2017)

February 8, 2017 — In the first decision interpreting certain recent amendments to the federal Pension Protection Act, the United States District Court for the District of Maryland held that candy maker Just Born II, Inc. (“Just Born”), is required to make pension contributions on behalf of newly hired employees at its Philadelphia manufacturing facility,…

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MARTA ordered to restore over 300 paratransit employee positions and to reinstate employees it had terminated (February 2017)

February 2, 2017 — An Arbitration Board ordered the Metropolitan Atlanta Rapid Transit Authority (“MARTA”) to restore over 300 paratransit employee positions and to reinstate employees it had terminated after MARTA had outsourced their jobs and terminated their employment with the Authority. The Board concluded that the outsourcing violated the collective bargaining agreement with Local…

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