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CBA Evergreen Clauses May Trump the Bargaining Parties' Subsequent Agreement for Multiemployer Plan Contributions
Faegre Drinker
Feb. 20, 2023 "[T]he employers and union negotiated new CBAs ... which required employers to continue making pension fund contributions but to a different pension fund.... The fund filed suit against the employers ... alleging that the employers breached the trust agreements ... by ceasing contributions without having properly terminated the CBAs.... The court concluded that the November letters expressed a desire to negotiate new contracts, which is not equivalent to expressing a desire to terminate the CBAs." [Cent. States, Se. & Sw. Areas Pension Fund v. Transervice Logistics, Inc., No. 20-3437 (7th Cir. Dec. 22, 2022)] MORE >> |
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