The Year in Collections: Have We Learned Anything New? (cover story)

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  • Author(s): Staab, Andrew E.
  • Source:
    Benefits & Compensation Digest. Mar2008, Vol. 45 Issue 3, p1-16. 5p.
  • Additional Information
    • Subject Terms:
      ACTIONS & defenses (Law); LABOR laws; LABOR union laws; FIDUCIARY liability; FIDUCIARY responsibility
    • Subject Terms:
      UNITED States
    • Abstract:
      The article discusses several cases in the U.S. which are valuable for the goal of illustrating the success and failure of the Labor-Management Relations Act or the Taft-Hartley Act, a U.S. law greatly restricting the activities and power of labor unions. Any discussion of Taft-Hartley collections requires a statement of the fund trustees' fiduciary duty to pursue collections from delinquent employers. Failure treat collections as an administrative function could result in plan underfunding and trustee liability for breaches of fiduciary duty.