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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Douglas L. Greenfield, a longtime member of Bredhoff & Kaiser, to serve as a member of the Department of Labor’s ERISA Advisory Council (December 2016)

December 8, 2016 — United States Secretary of Labor Thomas E. Perez appointed Douglas L. Greenfield, a longtime member of Bredhoff & Kaiser, to serve as a member of the Department of Labor’s ERISA Advisory Council. The 15-member Council advises the Secretary of Labor on policies and regulations affecting employee-benefit plans governed by the Employee…

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United States Court of Appeals for the Fourth Circuit affirms order to arbitrate dispute arising from the termination of a former employee (May 2016)

May 31, 2016 — In a per curiam opinion, the United States Court of Appeals for the Fourth Circuit affirmed an order compelling DynCorp International, LLC to arbitrate a dispute arising from the termination of a former employee working on a project DynCorp had been hired by the federal government to complete. District Lodge 4,…

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Former Participants of PwC Cash-Balance Pension Plan Successfully Establish that “Normal Retirement Age” Cannot Be Defined as 5 Years of Service (July 2015)

On July 23, 2015, the U.S. Court of Appeals for the Second Circuit rejected PricewaterhouseCoopers’ definition of “normal retirement age” as the earlier of age 65 or 5 years of service for purposes of its cash-balance pension plan.  The Court ruled that ERISA’s definition of “normal retirement age” requires some relationship between the age stated…

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Former America West Pilots Prevail in Bid to Take Seat at the Table During Seniority Integration Proceedings Following Merger of US Airways and American Airlines (January 2015)

In connection with the 2005 merger of US Airways and America West Airlines, an arbitrator established a seniority list that integrated the pilots of the two airlines. Since 2007, however, the pilots of America West have been fighting to have the list implemented over the opposition of a union, called USAPA, that was created by…

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