Collective Bargaining in a Time of Change: Right-to-Work Laws, the Affordable Care Act, and Multiemployer Pension Withdrawal Liability

Waterford Estates Lodge52890 SR 933 North
South Bend, IN 46637
(574) 273-6184

Agenda
8:00 a.m. — Registration and Breakfast
8:30 a.m. — Right to Work and Affordable Care Act - Strategies for Collective Bargaining
9:30 a.m. — Morning Break
9:45 a.m. — Multiemployer Pension Withdrawal Liability
11:30 a.m. — Lunch & Questions

This interactive workshop will offer employers the opportunity to learn and develop innovative and aggressive negotiating techniques and strategies to address the critical challenges facing their companies. Particularly, this workshop will:

  • Provide strategies for bargaining successor collective bargaining contracts under the new right-to-work laws recently enacted in Indiana and Michigan
  • Address unique issues related to the Affordable Care Act (ACA) and the specific issues that a unionized employer faces in dealing with the delayed, but still coming, employer mandate
  • Provide a broad understanding of the challenges facing employers whose employees participate in multiemployer health and welfare and pension plans
  • Offer participating employers strategies for assessing and minimizing their withdrawal liability risks through collective bargaining and business planning

While the impact of the ACA is only now beginning to be felt by employers, the financial and administrative burdens promise to be tremendous in the future. Moreover, far too many pension funds have slipped into "critical" status and have placed participating employers in a no-win situation of paying the exorbitant increases demanded by the funds or withdrawing and paying potentially massive withdrawal liability. Finally, many Indiana and Michigan employers will for the first time be negotiating their contract under the new right-to-work laws of those states. Clearly, employers—especially those whose collective bargaining agreements may be expiring—are at a critical juncture.

Join Epstein Becker Green as we discuss these issues in greater detail and present unique strategies to stay ahead of the negotiating curve.

Detailed Agenda

Right to Work and Affordable Care Act — Strategies for Collective Bargaining

  • Right to Work and Its Impact on Collective Bargaining
    • "Right to Work" — the statutes and what they accomplish
    • How the new laws change the union relationship with the employer and the employees
    • The impact of "Right to Work" on collective bargaining
    • Liability issues to watch out for
  • The Affordable Care Act
    • How does the ACA affect collective bargaining
    • The employer mandate - delayed to 2015, impact on employers
    • Challenges negotiating health insurance under the ACA
    • Planning beyond 2014
    • Issues for negotiations

Multi-Employer Pension Withdrawal Liability

  • Latest news, issues, and fund updates
  • The mechanics of withdrawal liability
    • The statute, its history, how it works, etc.
    • Types of withdrawal—complete, partial, and mass
    • Special industry rules
    • Assessments, requests for review, etc.
    • Arbitration
    • Potential landmines
    • Defenses (and non-defenses)
  • Business planning issues
    • How to assess the potential benefits and risks
    • Business planning for the future and "control group" liability
    • "Trades or businesses" and joint and several liability
    • Transactions to evade or avoid withdrawal liability
    • Sale of stock or assets, and successorship issues
  • Strategies for collective bargaining
    • Should your company withdraw? Staying in vs. getting out
    • How to handle, and plan for, withdrawal liability
    • Information requests
    • Dealing with critical status surcharges and rehabilitation plans
    • Impasse and implementation, and indemnification
    • Negotiating directly with a fund for reduced liability
    • Fund responses and rules
  • Effect of new "hybrid multiemployer plans" offered by certain funds
  • Legislative update

Who Should Attend?

General Counsel
Chief Operating Officers
Chief Financial Officers
Human Resources Professionals
Business Owners
Managers with HR Responsibilities

This briefing is complimentary and includes
breakfast, lunch, and meeting handouts.


Each attendee qualifies for one entry into a drawing for two
Notre Dame vs. Michigan State tickets — Game Day:
September 21, 2013 at 3:30 p.m. at Notre Dame Stadium

To register, please click here.

For additional information, please contact
Kiirsten Lederer at [email protected] or 212/351-4668.