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Tag Archives: Labor

Union’s actions regarding trustees not a violation of trust or ERISA (access required)

The court granted summary judgment to a union sued by trustees of the Postal Union Welfare Benefit Trust, finding the union’s decision to shorten trustees’ terms of service, eliminate their staggered terms and their right to select their successors, and ...

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Contractor must pay pension fund for journeymen, apprentices (access required)

An air conditioning contractor that allegedly failed to make required contributions on behalf of journeymen and apprentice plumbers and pipefitters was found liable to the pension fund for liquidated damages, interest from the date the payments were due and attorney ...

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Default judgment entered against employer for unpaid pension contributions (access required)

An employer who failed to make pension contributions or to respond to pension funds’ lawsuit must repay the funds with interest and pick up attorney’s and auditing fees. Background This action is brought under Sections 502 and 515 of the ...

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Injunctive relief fails on one Winter factor (access required)

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

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4th Cir.: Rule 9 particularity applies to fraud-based defenses (access required)

An employer’s collective bargaining impasse rights did not override its ERISA obligations to employees hired post-impasse. The employer also didn’t plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born II Inc. and the Bakery, Confectionary and Tobacco ...

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4th Cir.: Arbitrator’s decision mooted injunction appeal (access required)

An employer enjoined from moving its operations could no longer pursue its appeal after an arbitrator’s final decision. The matter was moot, despite the employer’s intention to seek attorneys’ fees. Background Appellant Airgas Inc. operates a facility in Hyattsville, Maryland, ...

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