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- Title
WITHDRAWAL LIABILITY.
- Abstract
This article discusses withdrawal liability in the case "New York State Teamsters Conference Pension and Retirement Fund v. CDC Haulage Corp." ERISA theory of "pay now, dispute later" does not apply where a fund seeks payment of the total outstanding employer withdrawal liability and arbitration is pending on the same issue. MPPAA's arbitration requirement is an exhaustion of administrative remedies requirement. Arbitration must take place before a court can act, and then the court's role is to review the decision of the arbitrator under the narrow standard of review applicable in such cases.
- Subjects
NYS Teamsters Benefit Funds (Organization); CDC Haulage Corp.; ACTIONS &; defenses (Law); ARBITRATION &; award; CIVIL procedure; COMMERCIAL law; LABOR arbitration
- Publication
Benefits Quarterly, 1997, Vol 13, Issue 4, p92
- ISSN
8756-1263
- Publication type
Article