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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APFA Prevails In Challenge To Flight Attendants’ Seniority Integration Following Merger of American Airlines and US Airways (February 2015)

On February 20, 2015, the Association of Professional Flight Attendants won dismissal of a lawsuit challenging the seniority integration of American Airlines and US Airways flight attendants as part of the 2013 merger of the two airlines. The suit sought to use the American-US Airways seniority integration to revisit the integration of Trans World Airlines…

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IAFF Local 36 Prevails in Interest Arbitration, Implements Collective-Bargaining Agreement (September 2014)

After enduring six years without wage increases, Local 36 of the International Association of Firefighters won 10% across-the-board increases, as well as other improvements, in its interest arbitration with the District of Columbia.  The interest arbitration award, issued by Arbitrator Ira Jaffe in February 2014, ruled in favor of the union on all open issues,…

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NLRB Regional Director Holds that Scholarship Football Players are Employees With the Right to Organize (March 2014)

In a case that garnered substantial national attention, the Director of Region 13 of the National Labor Relations Board ruled in March 2014 that scholarship football players at Northwestern University are “employees” within the meaning of the National Labor Relations Act,  who have the right to choose to be represented by a union.  As a…

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Ninth Circuit Holds that a Union’s Use of Intense Economic Pressure to Achieve Its Objectives Is Not Extortion and Cannot Be the Basis of a RICO Action (October 2014)

In a landmark ruling of great importance to unions and other activist organizations, the Ninth Circuit held that the non-violent use of economic pressure, including “intense” economic pressure that may be tortious under state law, is not “extortion” under the federal Racketeering Influenced and Corrupt Organizations Act (RICO). United Brotherhood of Carpenters & Joiners v.…

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Kentucky Circuit Court, Siding with AFSCME Local 4011, Upholds Collective Bargaining Agreement with Jefferson County Board of Education (March 2014)

On March 4, 2014, Local 4011 of the American Federation of State, County and Municipal Employees, along with the Jefferson County Board of Education and its Superintendent, prevailed in the Circuit Court of Jefferson County, Kentucky, rebuffing a challenge, funded by the National Right to Work Foundation, to a collective bargaining agreement between Local 4011…

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BCTGM Obtains Injunction In Federal District Court Requiring Kellogg Company To End 10-Month Lockout of Workers; Union Seeking Back Pay for Workers (August 2014)

On August 7, 2014, the Bakery, Confectionary, Tobacco Workers, and Grain Millers International Union and Local 252-G of that Union, together with the General Counsel of the National Labor Relations Board, obtained an injunction under § 10(j) of the NLRA in the Federal District Court in Memphis Tennessee requiring Kellogg Company to end its 10-month…

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Fraternal Order of Police Lodge 89 Prevails in Arbitration Over Claim of Unlawful Retaliation (June 2014)

On June 24, 2014, Fraternal Order of Police Lodge 89 prevailed before the Unfair Labor Practice Panel of the Prince George’s County Public Employee Relations Board (PERB), which ruled that the County Police Department violated the County Labor Code when it transferred a Sergeant from the Homicide Section of the Criminal Investigations Division to patrol…

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Alabama Circuit Court Finds Unconstitutional State Law Diverting Taxpayer Money From Public Schools to Private Schools (May 2014)

On May 28, 2014, the National Education Association and the Alabama Education Association, through several individual plaintiffs, prevailed in the Circuit Court for Montgomery County, Alabama, on a challenge to the constitutionality of the Alabama Accountability Act. The Act created two new tax credit programs that enabled diversion of taxpayer funds from the public schools…

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