Advocates for Labor and Progressive Institutions

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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 23, 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. 

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

February 20, 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.

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.

Alabama Circuit Court Finds Unconstitutional State Law Diverting Taxpayer Money From Public Schools to Private Schools

May 28, 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.

Supreme Court to Consider Enforceability of Employer’s Promise to Retirees for Health Care

November 2014

Bredhoff & Kaiser represents the respondents in the Supreme Court case M&G Polymers USA, LLC v. Tackett, which addresses the issue of how courts determine whether an employer’s promise to provide health benefits to its retirees is enforceable after expiration of the collective bargaining agreement that contains the promise.

IAFF Local 36 Prevails in Interest Arbitration, Implements Collective-Bargaining Agreement

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.

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

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).

Fraternal Order of Police Lodge 89 Prevails in Arbitration Over Claim of Unlawful Retaliation

June 24, 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 duty based on his concerted activity.

NLRB Orders Election at Cement Masons’ Request

On September 30, 2014, Local 891 of the Operative Plasterers and Cement Masons International Association (OPCMIA) obtained an order from Region 5 of the National Labor Relations Board directing a representation election among cement masons performing concrete finishing work for Baker DC in DC, Virginia, and Maryland. Bredhoff & Kaiser, which has represented OPCMIA Local 891 for over 35 years, successfully argued that the petitioned-for unit of cement masons was an appropriate unit pursuant to the NLRB’s community of interest standard articulated in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011).