Advocates for Labor and Progressive Institutions

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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.

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.

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

December 21, 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.

Seventh Circuit holds that Indiana amendment to teacher tenure law violates the Constitution

December 4, 2017

In Elliott v. Board of School Trustees of Madison Consolidated Schools, No. 16-4168, the Seventh Circuit Court of Appeals held that an Indiana law that eliminated the right of tenured teachers to be retained over non-tenured teachers in the event of a reduction in force violated the Contract Clause of the United States Constitution. Bredhoff & Kaiser filed an amicus brief on behalf of labor economist Jesse Rothstein in support of the challenge to the Indiana law.

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

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 relief to a class composed of pension plan participants and beneficiaries did not require proof that each individual class member relied on a mistaken understanding of the plan. The Court sustained a class-wide judgment based on generalized evidence, where the trial court had found that the employer deliberately misled the plan’s participants about a crucial aspect of the plan. Bredhoff & Kaiser represented the class on appeal.

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.

National Labor Relations Board concludes CSA committed numerous unfair labor practices

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.

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

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”). 

MARTA ordered to restore over 300 paratransit employee positions and to reinstate employees it had terminated

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.