SRKW’s Efforts On Behalf of Organized Labor
Defending Labor. In Ferris v. Pennsylvania Federation, Brotherhood of Maintenance of Way Employees, SRKW defended a union and its officers in a suit alleging retaliation under the Labor Management Reporting and Disclosure Act. At the end of a five-day jury trial, we obtained a verdict on behalf of our clients after only 40 minutes of jury deliberations.
Preserving Medical Benefits. In Local 56 UFCW v. Campbell Soup Co., SRKW attorneys represented a UFCW local and a nationwide class of 9,000 retirees challenging changes in medical benefits. Our attorneys achieved a settlement which created a $114.5 million fund to provide future medical benefits for retirees. The presiding judge called this “one of the most innovative and forward-looking resolutions that this court has approved in the twenty-two years of its tenure.”
Promoting Union-Friendly Legislation. One of our partners was the principal drafter of the Pennsylvania Worker and Community Right to Know Act, a comprehensive state law requiring worker and community access to information regarding the identification of chemicals in the workplace. He also participated in negotiations between business, labor, and public interest groups that resulted in a compromise bill passed by the Pennsylvania General Assembly. He then successfully represented the Pennsylvania AFL-CIO and other groups in all subsequent hearings and court proceedings concerning enforcement of the statute.
Ensuring That Unions Govern Themselves. In one of the leading National Labor Relations Board (NLRB) cases on the issue of labor-management cooperation, SRKW represented a union opposing a unilaterally-imposed program at E.I. du Pont de Nemours & Co. The NLRB held that unilaterally created committees constituted unlawful employer dominated labor organizations. This decision helped ensure that union members — rather than management — were allowed to make the key decisions about how best to bargain collectively.
Protecting Against Plant Closings (WARN Act). The Firm represented an IUE local in an action on behalf of 130 employees improperly terminated without notice. The court held that parent corporations could be held liable for WARN Act violations of subsidiaries without piercing the corporate veil, where entities form a single enterprise. Here, we were able to obtain a significant recovery for all affected workers.
Protecting Plan Assets. In Pennsylvania Federation, BMWE v. Norfolk Southern Corp., we represented a nationwide class of 401(k) plan participants alleging a breach of fiduciary duty regarding plan investments. Through our efforts, we were able to restructure the plan, obtain better notice to participants, and also achieve an important financial recovery for participants.