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Article Index » labor law » collective bargaining
Report Link Bargaining Strategies in the Wake of Multiemployer Pension Plan Notices Issued Pursuant to the Pension Protection Act.
Littler Mendelson, P.C. - May 15, 2008
If you contribute to a multi-employer pension fund, the 415-page Pension Protection Act's ("PPA" or "the Act") provisions affecting multi-employer plans are now taking effect. The first of these provisions is the requirement that actuaries certify to the Internal Revenue Service into which funding zone (critical - red; endangered yellow; or no zone - green) the plan falls. Actuarial certification is not due until the 90th day of the plan year. For calendar year plans, that certification was due to be filed with the IRS on March 30, 2008. Within 30 days thereafter, plans must inform all interested parties -participants, beneficiaries, employers, local unions, the Pension Benefit Guaranty Corporation and the Secretary of Labor if the plan falls in the yellow or red zone.
Report Link YWCA Violated Federal Labor Law By Refusing To Sign Collective Bargaining Agreement And Withdrawing Recognition To Union, Despite Evidence That Union Had Lost Majority Support.
Ballard Rosenberg Golper & Savitt - February 01, 2008
In Young Women’s Christian Ass’n of Western Massachusetts, the National Labor Relations Board (“Board”) upheld the decision of an Administrative Law Judge (“ALJ”) that the YWCA violated the National Labor Relations Act (“NLRA” or “Act”) by refusing to execute an agreed-upon collective-bargaining agreement and withdrawing recognition from the union when it received evidence that the union had lost the support of the majority of bargaining-unit employees after the parties had reached a final agreement.
Report Link Q & A -- Management rights clause and zipper clause (pdf).
Vedder Price - August 04, 2006
A management rights clause reserves to the employer the right to act in its discretion with respect to matters related to operation of the business. A zipper clause relieves both parties of the obligation, during the contract term, to bargain over matters covered in the contract or, if so worded, matters that were or could have been discussed during bargaining, even if not embodied in the contract. Each clause operates as a waiver of the right to demand bargaining, over the life of the contract, on subjects covered by the clause.

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