This is the second of two posts regarding the “troubling” state of multi-employer pension plans. My October post provided an overview of the recently published Teamsters’ Central States Pension “Rescue Plan” and discussed some of its implications. This post will review the recent decision of the Ninth Circuit Court of Appeals in Resilient Floor Covering
Heralding Wholesale Changes for Manufacturers, Labor Board Revamps “Joint Employer” Test
Just in time for Labor Day, the National Labor Relations Board handed organized labor a great gift and potentially disrupted the business and labor relationships of thousands of American manufacturers.
On August 27, 2015, a divided Labor Board ruled 3-2 that Browning-Ferris Industries was the “joint employer” of workers supplied by a third-party. Browning-Ferris Industries…
The Year of Change Continues: New NLRB Election Rules Take Effect April 14
Barring a last minute surprise (and this writer is not betting on anything), the National Labor Relations Board’s new union representation case rules will take effect April 14. Capping a lengthy campaign to revamp the process by which manufacturers (and other employers) may be compelled to recognize and bargain with unions, the NLRB’s new rules…
Supreme Court Strikes Down Presumption of Lifetime Retiree Medical Benefits
The New Year holiday is barely over and 2015 has delivered its first significant development affecting manufacturers and their labor unions. On January 26, 2015, in M&G Polymers U.S.A. v. Tackett, a unanimous United States Supreme Court took the Sixth Circuit Court of Appeals to the woodshed with the wholesale repudiation of its thirty-year…
Legal Issues To Consider When Purchasing Assets From Another Manufacturer
The decision to purchase the assets of a manufacturer raises a host of legal issues, including labor/employment, environmental, and product liability. We thought we would do a group post to describe the first things that come to mind for each of us when one of our clients considers such a deal.
Nicole: As a…