News & Analysis as of

CBAs Collective Bargaining

Jackson Lewis P.C.

Construction Labor Agreements When Implementing COVID-19 Plans, Policies, Practices

Jackson Lewis P.C. on

As construction continues and resumes during the COVID-19 pandemic, unionized construction employers must be mindful of the terms of their collective bargaining agreements (CBAs) when implementing workplace responses to...more

Lowenstein Sandler LLP

Amend Bankruptcy Code To Add Oversight For CBA Changes

Lowenstein Sandler LLP on

As more companies file for Chapter 11 amid the pandemic, expect to see more filings focus on reducing labor, legacy and environmental costs as key to a successful reorganization. This theme will come from debtor management...more

Jackson Lewis P.C.

High Court Orders Sixth Circuit To Clean Up Its Retiree Health Benefits Case Law ‘Mess’

Jackson Lewis P.C. on

Collective bargaining agreements, including those that establish ERISA plans, should be interpreted according to ordinary principles of contract law, the U.S. Supreme Court has reaffirmed in a per curiam opinion. CNH...more

Foley & Lardner LLP

Not So Fast My Friend – UAW Membership Rejects Tentative Agreement

Foley & Lardner LLP on

During their press conference on September 15, 2015, UAW President Dennis Williams and Fiat Chrysler CEO Sergio Marchionne appeared satisfied with the tentative agreement reached after months of bargaining. The two friends...more

Proskauer - Labor Relations

The National Labor Relations Board says “Happy Labor Day” with Flurry of Late Summer Pro-Union Moves

While some people may have been on vacation at the end of August, the past few weeks have been extremely busy at the National Labor Relations Board (“NLRB” or “Board”), with a series of decisions that will continue to make it...more

Littler

As Expected, the NLRB Eliminates the Employer's Right to Terminate Dues Checkoff Upon Expiration of a CBA

Littler on

On August 27, 2015, the National Labor Relations Board, in Lincoln Lutheran of Racine, 362 NLRB No. 188, overturned 53 years of precedent, holding that, like most other terms and conditions of employment, an employer’s...more

Fisher Phillips

You’re Not the Boss of Me – The NLRB May Disagree

Fisher Phillips on

With a few key strokes, the NLRB yesterday, in a 3-2 decision down party lines, wiped away years of precedent and re-wrote, or, in its words “refined,” the definition of a joint employer. In a ruling that will, if upheld...more

Genova Burns LLC

PERC Decision Lays Groundwork for Negotiations Once Chapter 78 Contributions are Fully Implemented

Genova Burns LLC on

New Jersey’s Public Employee Relations Commission (“PERC” or the “Commission”) has weighed in on the issues of (1) when health insurance contributions become negotiable once the fourth tier of contributions under Chapter 78...more

Carlton Fields

LMRA Arbitration Award Upheld By The Third Circuit

Carlton Fields on

The Third Circuit affirmed an arbitration award under the Labor Management Relations Act (“LMRA”) as the decision reached by the arbitrator comported with the collective bargaining agreement (“CBA”) between the parties....more

PilieroMazza PLLC

PilieroMazza Legal Advisor - Second Quarter 2015

PilieroMazza PLLC on

In This Issue: - Subcontracting Plans: How Implementing Best Practices Now Can Save You Headaches Down the Road - Recent ASBCA Decision Opens Door to New Approach for Contractors Negotiating Collective...more

Proskauer Rose LLP

Supreme Court Dispenses With the Yard-Man Inferences

Proskauer Rose LLP on

In a decision watched closely by both employers and unions, a unanimous Supreme Court has resolved a thirty-plus year split among the circuit courts on the standards governing claims for retiree health-care benefits arising...more

BakerHostetler

Ding-Dong, Yard-Man Is Dead! Supreme Court Decision in Tackett a Huge Win for Employers in the Retiree Healthcare Arena

BakerHostetler on

On Monday, a unanimous United States Supreme Court issued its decision in M & G Polymers USA, LLC v. Tackett, Supreme Court Case No. 13-101, vacating and remanding the Sixth Circuit’s holding that a group of retirees was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rejects Analysis of Duration of Retiree Benefits As Contrary to Contract Law

On January 26, 2015, the Supreme Court of the United States resolved a long-standing dispute between the Sixth Circuit Court of Appeals and the remainder of the federal judiciary in a case concerning the extent to which...more

Littler

U.S. Supreme Court Rejects the Yard-Man Inference Vesting Lifetime Benefits for Union Retirees

Littler on

In M&G Polymers USA, LLC v. Tackett, the U.S. Supreme Court overturned three decades of precedent by the U.S. Court of Appeals for the Sixth Circuit, unanimously ruling that, when no specific provision in a...more

McGuireWoods LLP

Supreme Court Rejects Yard-Man: Ordinary Contract Principles Apply When Interpreting Retiree Medical Promises

McGuireWoods LLP on

The Supreme Court has unanimously vacated a Sixth Circuit ruling that a collective bargaining agreement (CBA) vested retirees with lifetime medical benefits. M&G Polymers USA, LLC v. Tackett, No. 13-1010, 2015 U.S. LEXIS 759...more

Proskauer Rose LLP

Significant Multiemployer and Single Employer Benefit Rule Changes Take Effect

Proskauer Rose LLP on

On December 16, 2014, President Obama signed into law the $1.1 trillion Consolidated and Further Continuing Appropriations Act of 2015 (Appropriations Act), which includes some significant changes to the rules governing...more

Cozen O'Connor

Decision Alert: US Supreme Court Potentially Shifts the Balance in Healthcare Employee Benefits Litigation

Cozen O'Connor on

Justice Clarence Thomas and a unanimous US Supreme Court decided to vacate a Sixth Circuit decision and hold that the federal courts cannot assume from silence in a union’s collective bargain agreement that retiree group...more

Miller Canfield

U.S. Supreme Court Rebukes Reliance on Yard-Man In Retiree Health Benefit Dispute

Miller Canfield on

The U.S. Supreme Court ruled that the Sixth Circuit’s reliance on retiree-friendly inferences set forth in UAW v. Yard-Man are incompatible with ordinary principles of contract interpretation and should not be used when...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides M & G Polymers USA, LLC v. Tackett

On January 26, 2015, the U.S. Supreme Court decided M & G Polymers USA, LLC v. Tackett, No. 13-1010, holding that ordinary principles of contract law govern the interpretation of pension and insurance provisions of...more

Fisher Phillips

Traditional Contract Rules Determine Whether Retirees Are Entitled to Lifetime Healthcare Benefits

Fisher Phillips on

Yesterday, in a unanimous decision, the U.S. Supreme Court held that courts must apply ordinary rules of contract interpretation when determining whether retiree healthcare benefits vest for life pursuant to the terms of a...more

Snell & Wilmer

WARNING: Your Collective Bargaining Agreement (CBA) May Not Protect You

Snell & Wilmer on

In the past few years, thousands of companies have been targeted by opportunistic plaintiffs’ lawyers looking to make money from hyper-technical violations of state and federal wage and hour laws. Regardless of the...more

Franczek P.C.

Supreme Court Grants Certiorari on a Long-Standing Circuit Split Over Collectively Bargained Retiree Health Care Benefits

Franczek P.C. on

Earlier this month, the Supreme Court agreed to review the Sixth Circuit’s decision in Tackett v. M&G Polymers USA, LLC, 733 F.3d 589 (6th Cir. 2013). The Court will resolve an existing circuit split as to how courts...more

Brownstein Hyatt Farber Schreck

Companies Acquiring Unionized Businesses Face Increased Scrutiny by the NLRB

Companies acquiring unionized businesses are likely to face increased scrutiny from the National Labor Relations Board (“Board”). On May 9, 2014, NLRB General Counsel Richard F. Griffin, Jr., issued a memorandum instructing...more

Laner Muchin, Ltd.

What Are The Risks When An Employer Negotiates Its Own Union Contract?

Laner Muchin, Ltd. on

Business owners and managers, elected public officials and administrators, and even sports teams' owners and general managers usually have more to lose than to gain by negotiating their organizations' union contracts....more

Orrick - Finance 20/20

Bankruptcy Court Permits Patriot to Modify Union Agreements

Orrick - Finance 20/20 on

Patriot Coal became the third major debtor in the last year to modify benefits or reject a CBA under sections 1113 and 1114 of the Bankruptcy Code....more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide