Advocates for Labor and Progressive Institutions
A Maryland union representing public safety workers achieved victory in an arbitration challenging a county’s refusal to provide benefits to spouses of members who entered into valid, out-of-state marriages.
The Fourth Circuit affirmed the judgment of the U.S. District Court for the Western District of Virginia prohibiting Volvo Group North America, Inc. from unilaterally modifying or terminating the health benefits of over 430 retirees of the New River Valley assembly plant in Dublin, Virginia.
The Third Circuit recently held that a District Court had improperly exercised jurisdiction in a dispute over work assignments that must instead be resolved through arbitration.
Bredhoff & Kaiser lawyers successfully defended the National Education Association in Daniels-Hall v. NEA, No. 08-35531 (9th Cir. Dec. 20, 2010), a case brought by two public school teachers claiming that the NEA violated ERISA in the selection and monitoring of mutual funds available to participants in a nationwide benefit plan established under Section 403(b) of the Internal Revenue Code.
In September 2010, Firm lawyers led the negotiations for a new musicians’ collective bargaining agreement covering the band and guest musicians on the new Conan O’Brien Show. Among other terms, the agreement provides enhanced protections and benefits for musicians when their performances are exploited on “new media” platforms.
Affirming a judgment in favor of former America West Airlines pilots now employed by US Airways following the 2005 merger of the two airlines, the Fourth Circuit held that a lawsuit filed against a number of individual pilots and their advocacy organization by the leadership of the union now representing the pilots of the merged airline failed to state a claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Bredhoff & Kaiser represented the America West pilots in this litigation, which grew out of disagreement between the former America West and US Airways pilots about principles to be applied in integrating the two airlines’ seniority lists. US Airline Pilots Ass’n v. AWAPPA, LLC et al., ___ F.3d ___, 2010 WL 2979322 (4th Cir. July 30, 2010).
Largely affirming a judgment entered by the U.S. District Court for the Western District of New York, the Second Circuit held that public-employee unions may lawfully charge objecting nonmembers for expenditures the union incurs in attempting to organize nonunion workplaces that compete with the nonmembers’ public-sector jobs.
In two related proceedings in the U.S. District Court for the Northern District of California, one tried to a federal jury and one tried to the Court, the Service Employees International Union (SEIU) and one of SEIU’s largest local unions, SEIU – United Healthcare Workers West (SEIU-UHW), were able to obtain favorable judgments with the help of attorneys from Bredhoff & Kaiser.
In March 2010, Firm lawyers led the negotiations for a new musicians’ collective bargaining agreement with the Association of National Advertisers and the American Association of Advertising Agencies Joint Policy Committee on Broadcast Talent Union Relations for a new three year collective bargaining agreement covering musicians who record television and radio commercials. The agreement increases musicians wages, pension and health benefit contributions and clarifies how musicians are compensated for commercials made in the first instance for use in new media and for commercials made for traditional media that are later used in new media.