United States Second Circuit
Cibao Meat Products, Inc. v. Nat'l Labor Relations Bd., 071192
Petition for review of decision affirming that petitioner-employer engaged in an unfair labor practice when it unilaterally ceased payments to employee-benefit funds following expiration of the collective-bargaining agreement with the employees' union is denied where: 1) an expired collective-bargaining agreement does constitute a written agreement under which an employer may legally continue benefit payments under section 302(c)(5)(B) of the Labor-Management Relations Act (LMRA); and 2) under the National Labor Relations Act (NLRA), absent an impasse in negotiations, an employer's failure to continue making such payments constitutes an unfair labor practice.
Appellate Information
- Decided 11/04/2008
- Published 11/04/2008
Judges
Court
- United States Second Circuit