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Tuesday, May 19, 2026

PENSION AND BENEFIT PLANS—6th Cir.: ERISA claims of employer that union trust funds unlawfully refused to accept contributions preempted by ‘Garmon’ doctrine - VitalLaw.com

Law Firms Mentioned:Faegre Drinker Biddle & Reath | Weisman, Young & Ruemenapp

Organizations Mentioned:Labor Relations | Operating Engineers Local 324 Health Care Plan | Operating Engineers Local 324 Journeyman and Apprentice Training Fund | Operating Engineers Local 324 Retiree Benefit Fund | Operating Engineers’ Local 324 Defined Contribution Plan | Operating Engineers’ Local 324 Pension Plan | Operating Engineers’ Local 324 Vacation and Holiday Fund | Rieth-Riley Construction Co., Inc. | Trustees of the Operating Engineers’ Local 324 Fringe Benefit Funds

Instead of looking to whether a federal claim could be brought before the NLRB, the “arguably subject” requirement asks the court to consider whether the NLRA “arguably protects or prohibits” the alleged unlawful “conduct” that gave rise to that federal claim.

A federal district court correctly found that claims by a road construction company and some of its employees were preempted by the Garmon doctrine, the Sixth Circuit concluded. After the trustees of union benefit funds declined to accept contributions to the funds by the employer after a collective bargaining agreement between an employer association and the union had expired, the employer brought suit alleging that the trustees violated their fiduciary duties of loyalty and prudence under ERISA by refusing to accept its contributions. The employer sought injunctive relief. The district court granted the trustees’ motions to dismiss on the basis that it...



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