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The First Circuit concluded that, pursuant to the applicable
collective bargaining agreement, it was for an arbitrator, not the
court, to decide whether the union's claim that the employer
failed to properly fund a defined benefit pension plan was
preempted by ERISA.
The First Circuit concluded that, pursuant to the applicable
collective bargaining agreement, it was for an arbitrator, not the
court, to decide whether the union's claim that the employer
failed to properly fund a defined benefit pension plan was
preempted by ERISA. The First Circuit explained that the
arbitration clause in the CBA clearly applied to the dispute and
there is no prohibition on the arbitration of ERISA claims. The
case is Prime Healthcare Servs.–Landmark LLC v. United
Nurses & Allied Prof's, 848 F.3d 41 (1st Cir.
2017).
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