Garland-Sherman Masonry

8 Cited authorities

Nat'l Labor Relations Bd. v. Amax Coal Co.
453 U.S. 322 (1981) Cited 366 times
Holding that a management-appointed trustee to a multiemployer pension plan could not be considered a management representative
N.L.R.B. v. Truck Drivers Local Union No. 449
728 F.2d 80 (2d Cir. 1984) Cited 9 times
Holding that union charged with an unfair labor practice resulting from the trustees implementation of a plan amendment was not responsible for the acts of the trustees since the trustees were not the union's agents
Griffith Co., v. National Labor Relations Bd.
660 F.2d 406 (9th Cir. 1981) Cited 10 times
Holding that neither the administrator of a pension fund nor his counsel was an agent of the Union
Section 1001 - Congressional findings and declaration of policy
29 U.S.C. § 1001 Cited 20,753 times 59 Legal Analyses
Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,092 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"
Section 1104 - Fiduciary duties
29 U.S.C. § 1104 Cited 4,929 times 73 Legal Analyses
Specifying duties of a "fiduciary . . . with respect to a plan"
Section 1103 - Establishment of trust
29 U.S.C. § 1103 Cited 897 times 9 Legal Analyses
Providing that “all assets of an employee benefit plan shall be held in trust by one or more trustees”
Section 1053 - Minimum vesting standards
29 U.S.C. § 1053 Cited 618 times 1 Legal Analyses
Requiring that participants in a defined benefit plan acquire a nonforfeitable right to 100% of their accrued benefits after no more than seven years of service

Garland-Sherman Masonry

8 Cited authorities

Holding that a management-appointed trustee to a multiemployer pension plan could not be considered a management representative

Holding that union charged with an unfair labor practice resulting from the trustees implementation of a plan amendment was not responsible for the acts of the trustees since the trustees were not the union's agents

Holding that neither the administrator of a pension fund nor his counsel was an agent of the Union

Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Specifying duties of a "fiduciary . . . with respect to a plan"

Providing that “all assets of an employee benefit plan shall be held in trust by one or more trustees”

Requiring that participants in a defined benefit plan acquire a nonforfeitable right to 100% of their accrued benefits after no more than seven years of service