January 11, 2018 - Charleston, West Virginia - The Greenbrier and its employees were awarded $5.5 million against UNITED HERE Health and HEREIU Welfare Fund by the U.S. Court of Appeals for the Fourth Circuit in Richmond, VA on January 3, 2018.
The Greenbrier and its employees entered into an agreement in 2004, in which the UNITE HERE Health Fund was to provide health care benefits to Greenbrier employees and their dependents. During this time, the Hotel Employees and Restaurant Employees International Union (“HEREIU”), an employee welfare benefit fund governed by ERISA, negotiated an agreement to provide health care coverage for unionized Greenbrier employees under the HEREIU Welfare Fund. After a bitter union dispute, HEREIU split into two factions known as UNITE HERE and the Service Employees International Union or SEIU. In October 2010, the UNITE HERE Health Fund informed the Greenbrier that the participation of Greenbrier employees and its dependents was terminated effective January 31, 2013.
UNITE HERE Health appealed the award to the Fourth Circuit in Richmond, Virginia. The Fourth Circuit held that UNITED HERE Health and HEREIU must pay the Greenbrier and its employees $5.5 million in damages and excess assets.
Lawyers from The Masters Law Firm, Marvin W. Masters and Kimberly K. Dotson, argued on behalf of plaintiffs, The Greenbrier and its employees.
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