Mitchel Whitehead Published in the Journal of Pension Benefits
"Pension Contributions for Strike Replacements"

Mitchel Whitehead co-authored the article, "Pension Contributions for Strike Replacements," published in the Winter 2009 issue of the Journal of Pension Benefits. In their article, the authors examine case law and suggest approaches that may be taken by trustees of multiemployer plans in collecting contributions. The authors note that "the fundamental duty of trustees to collect all amounts owed to a multiemployer pension or welfare fund can become a vexing brainteaser in the troubling context of strikes or other labor disputes." Their article answers several specific "contribution" questions that arise in the context of a strike, such as "Are contributions due on behalf of workers who cross the picket line during a strike?" or "Can a trust fund sue for delinquencies that arose during a strike, or does the matter need to be the subject of an unfair labor practice charge filed with the NLRB?" In answering these questions and many others, the authors take a detailed look at the long history of the law relating to strike replacements and the employers' obligation to contribute, and then analyze the most recent NLRB rulings and case law in this area in order to offer some clarity as to when contributions are owed and when they are not, on all of the relevant types of replacement workers.