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Plaintiff David Ackerman, a member of Local Union 363, sued his union for allegedly failing to supervise his employer, Warde Electric, regarding contributions to the Union's benefit plans. Warde Electric had deducted money from Ackerman's wages but failed to pay it into the Funds and subsequently filed for bankruptcy. The Union moved to dismiss the complaint, citing that the claims were time-barred by the Labor Management Relations Act, failed to state a cause of action, and were preempted by ERISA. The court granted the motion to dismiss. The court concluded that the Union had no duty to police Warde's contributions to the Funds, and even if a claim existed, it would be time-barred by the six-month statute of limitations under the NLRA.
Ackerman v. Local Union 363, International Brotherhood of Electrical Workers is a workers' compensation case decided in District Court, S.D. New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, S.D. New York.
Full Decision Text1 Pages
Plaintiff David Ackerman, a member of Local Union 363, sued his union for allegedly failing to supervise his employer, Warde Electric, regarding contributions to the Union's benefit plans. Warde Electric had deducted money from Ackerman's wages but failed to pay it into the Funds and subsequently filed for bankruptcy. The Union moved to dismiss the complaint, citing that the claims were time-barred by the Labor Management Relations Act, failed to state a cause of action, and were preempted by ERISA. The court granted the motion to dismiss. The court concluded that the Union had no duty to police Warde's contributions to the Funds, and even if a claim existed, it would be time-barred by the six-month statute of limitations under the NLRA.
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