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Amy A. Ciepluch, David B. Kern quoted in article “Challenges of Retirement Plans for Union Members”


Below is an excerpt:

When a retirement plan is run at an organization with a union, the collective bargaining agreements trump the retirement plan document, as specified by the National Labor Relations Act, according to David Kern, partner with the labor and employment practice and chair of the National Labor Relations Act team at Quarles and Brady LLP in Milwaukee. “Any changes to the plan need to be bargained with the union,” Kern says.

Retirement plans at non-union organizations typically “have a provision that the employer has the right to modify the plan at any time,” says Amy Ciepluch, chair of the employee benefits and executive compensation team at Quarles & Brady. At a union shop, however, “that type of language would not trump what a collective bargaining agreement guarantees. The collective bargaining agreement would govern.”