Law Offices of Charles R. Both

Significant Cases


Employee Retirement Income Security Act Cases

 

Jordan v. Michigan Conference of Teamsters Welfare Fund, 207 F.3d 854 (6th Cir. 2000, prosecution of class action alleging breach of fiduciary duty under ERISA ¤406 in connection with the administration of welfare fund resulting in widespread reformation of governance of Fund and award of substantial attorney fees.

International Union of Electronic, et. Al. V. Murata Erie N.A., 772 F. Supp. 870 (W.D. Pa.) reversed and remanded 980 F. 2d 889 (3rd Cir. 1992), prosecutes class action against employer for violation of ERISA arising from distribution of excess assets to employer.

International Union of Electronic etc. Workers v. MagneTek, Inc., C.A. No. 90-C-0663 (E.D. Wis.)(represented class of employees in suit to recover loss of retirement income resulting from failure of junk bonds that financed employer's leveraged buyout)

Saunders v. Teamsters Local 639-Employers Pension Trust, 667 F. 2d 146 (D.C. Cir. 1980), prosecuted appeal by Trustees of a union pension fund from judgment awarding retirement benefits.

Teamsters Local 639-Employers Pension Trust v. Jones & Artis Constr. Co., 640 F. Supp 223 (D.D. C. 1986), prosecuted ERISA ¤ 502(a)(3) claims against contributing employer resulting in significant injunctive relief and award of attorney fees.

Goins v. Teamsters Local 639-Employers Health Trust, 599 F. Supp. 141 (D.C.C. 1984) defense of claim for disability benefits from Health Trust where eligibility requirements were changed.

Bidwell v. Garvey, 943 F.2d 498 (4th Cir. 1991), cert. denied, 502 U.S. 1099 ( participated in appeal resulting in affirmance of $30 million judgment for delinquent pension payments)

Safran v. USX and United Steelworkers, C.A. No. 87-2191 (W.D. Pa.)(assisted in representation of class of plaintiffs in hybrid/DFR, ERISA suit claiming that employer systematically ’contracted out’ work in violation of collective bargaining agreement and that union unlawfully failed to take employees' grievance to arbitration)

 

Civil Rights Act Cases


Kolstad v. American Dental Ass'n, C.A. Nos. 94-1578, 97-306 (D.D.C.)(assisted in jury trial of claims of sex discrimination and retaliation resulting inter alia in Supreme Court decision that established liberalized standard for punitive damages in federal civil rights cases)

Kersey v. Washington Metropolitan Area Transit Authority, et al., C.A. No. 96-2639 (D.D.C.)(handling defense of union co-defendant in former bus driver's suit claiming violation of the Americans With Disabilities Act)

Thomas v. National Football League Player's Association, D.D.C. No. 91-3332 multiple plaintiff claims under Title VII reduced to one claim and limited backpay recovery, affirmed in part, reversed in part, 131 F.3d 198 (D.C.Cir. 1997)

Foster v. Gueory, 655 F.2d 1319 (D.C. Cir. 1981) defended local union in class action employment discrimination case alleging violations of Title VII in connection with the operation of a hiring hall.

Miller, et. Al. V. District of Columbia, Civ. Action No. 96-2833 SS (D.D.C.) prosecuted individual and class action under Americans with Disabilities Act against District of Columbia for failure to provide adequate Emergency 911 telephone service for persons who are hearing impaired.

Jackson and Fair Housing Center v. Town Center Management Corp., Civ. Action 91-01073 GAG (D.D.C.) prosecuted individual and class action claim of housing discrimination under the Fair Housing Act of 1968, as amended, based on testing conducted throughout the metropolitan Washington area by the Fair Housing Center.

Bowden v. Dreyfuss Bros., 1987 WL 27831 (D.D.C. 1987) prosecuted action for declaratory judgment, permanent injunctive relief and damages for alleged racial discrimination in the rental of housing under the Fair Housing Act of 1968, as amended, 42 U.S.C. ¤¤ 3601-3631, and the Civil Rights Act of 1866, 42 U.S.C. ¤¤ 1981 and 1982.

 

Labor Management Reporting and Disclosure Act Cases


Sadlowski v. United Steelworkers, 457 U.S. 102 (1982)( represented union reformer in challenge to union rule prohibiting candidate for union office from receiving campaign contributions from nonmembers of union)

Local 6885, APWU v. American Postal Workers Union, 665 F.2d 1098 (D.C. Cir. 1981)(represented plaintiff class on claim that denial of right to ratify collective bargaining agreement violated union members' ’bill of rights’)

Regan v. Williams, 1986 WL 8413 (W.D. Pa. 1986)(secured preliminary injunction on behalf of officers of local union lifting unwarranted trusteeship imposed without hearing by United Steelworkers parent union)

Belue v. United Auto Workers of America, 699 F.Supp. 1398 (E.D.Mo. 1988)(assisted in representing plaintiffs who successfully challenged imposition of trusteeship by International Union before its Public Review Board and in federal court)

Laborers' Intern. Union of North America, AFL-CIO v. National Post OfficeLaborers' Intern. Union of North America, AFL-CIO v. National Post Office Mail Handlers, Watchmen, Messengers and Group Leaders Div. of the Laborers' Intern. Union of North America, AFL-CIO, 880 F.2d 1388 (1989) prosecuted dispute between an international labor union and its affiliate over the power of the international to impose a supervision or trusteeship on the affiliate.

Marshall v. Local Union No. 639, Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Inc., 593 F.2d 1297 ( D.C Cir., 1979).

National Marine Engineers' Beneficial Ass'n, AFL-CIO v. Burnley, 684 F.Supp. 6, (D.D.C.1988)

Laborers' Intern. Union of North America, AFL-CIO v. National Post Office Mail Handlers, Watchmen, Messengers and Group Leaders Div. of Laborers' Intern. Union of North America, AFL-CIO, 1988 WL 83091, 128 L.R.R.M. (BNA) 3178, (D.D.C. 1988)

Martin v. Radio-Electronics Officers' Union, Dist. 3, 813 F.Supp. 878 (D.D.C. 1993)

 

National Labor Relations Act Cases (Briefed and/or Argued)


Prudential Ins. Co. of America v. N.L.R.B., 529 F.2d 66 (6th Cir 1978).

Self-Reliance Ukrainian Am. Co-op. Ass'n v. N.L.R.B., 461 F.2d 33 (7th Cir. 1972).

N.L.R.B. v. Bulletin Co., 443 F.2d 863 (3rd Cir 1971).

Local No. 742, United Broth. of Carpenters and Joiners of America v. N. L. R. B., 444 F.2d 895 ( D.C. Cir. 1971).

N.L.R.B. v. Eastern Illinois Gas & Sec. Co., 440 F.2d 656 (7th Cir. 1971).

N.L.R.B. v. John Rummel Pontiac-Cadillac, Inc., 434 F.2d 1050 (6th Cir. 1970).

N.L.R.B. v. Mulligan of Dearborn, Inc., 434 F.2d 1052 (6th Cir. 1970).

N. L. R. B. v. Interboro Contractors, Inc., 432 F.2d 854 (2d Cir. 1970).

N.L.R.B. v. International Longshoremen's and Warehousemen's Union, Local 17, Intern. Longshoremen's and Warehousemen's Union, 431 F.2d 872 9th Cir. 1970).

N.L.R.B. v. General Teamsters Local 439, Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, 429 F.2d 1313 (9th Cir.1970).

N. L. R. B. v. Difco Laboratories, Inc., 427 F.2d 170 (6th Cir. 1970).

Colonial Corp. v. N. L. R. B., 427 F.2d 302 (6th Cir. 1970).

N.L.R.B. v. Dean Foods Co., 421 F.2d 664 (6th Cir. 1970).

N. L. R. B. v. Teamsters Local Union No. 676, 419 F.2d 1274 (3rd Cir. 1969).

N. L. R. B. v. Quick Shop Markets, Inc., 416 F.2d 601 (7th Cir. 1969).

Morrison-Knudsen Co. v. N.L.R.B., 418 F.2d 203 (9th Cir. 1969).

N.L.R.B. v. North Arkansas Elec. Co-op., Inc., 412 F.2d 324 (8th Cir. 1969).