Break from the Grind April 5, 2018

A Little Friday File Fun

And now it's time for FRIDAY FILES!

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In Lower Burrell, Pennsylvania, a couple wanted to marry in the place they met. The Valley News Dispatch reported 69-year-old Larry Spiering and 61-year-old Becky Smith married on Easter Sunday at the Community Supermarket in Lower Burrell, where they met 10 years ago. Smith said she was working at the supermarket when Spiering walked up and gave her a piece of paper with his name and phone number on it. She said it was only fitting that they married in the aisle where they met.

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In Salina, Kansas, the Salina Journal reports that a 23-year-old woman called police to her house after finding her front door chained from the inside. Police say they searched the house but didn’t find an intruder. Two hours later, the woman and her current boyfriend heard a loud noise and found the woman’s former boyfriend had fallen partly through the living room ceiling. Police say he was hiding in the attic. The current boyfriend pulled the former boyfriend’s legs through the ceiling and began fighting him.

In Quebec City, Canada, a teenager who purchased her first lottery ticket to celebrate her 18th birthday hit the jackpot and will receive $1,000 Canadian a week for the rest of her life.

In Victoria, British Columbia, a man has been welcomed back to the Fairmont Empress Hotel. According to a story confirmed by a hotel spokesperson to the Victoria Times Colonist newspaper, in 2001, the man checked into the hotel for a business meeting with clients at a new job. He also brought some pepperoni from his hometown to share with former Navy buddies in the area. But his room had no fridge so he opened a window to keep it cool, and went for a long walk. Hungry seagulls invaded the room to eat the spicy meat and, in the process, completely destroyed the room. The result was such a housekeeping nightmare that the Fairmont Empress permanently banned him. But, recently, the man went to the hotel to apologize in person and left a present of about a pound of Brothers TNT Pepperoni. The man says since then, one of the managers has encouraged him to stay at the hotel again.

In Royal Oak, Michigan, free buckets of five pounds of animal manure, dubbed Detroit Zoo Poo, will be handed out on April 14 as part of the zoo’s GreenFest celebration. The event precedes Earth Day and will showcase how the zoo recycles waste. Buckets will be available to the first 1,000 visitors to the zoo’s anaerobic digester educational display. According to the Associated Press, the digester converts 500 tons of animal manure and other organic waste each year into methane-rich gas to help power the zoo’s animal hospital. Nutrient-rich fertilizer is a byproduct. The zoo notes the compost “is great for putting in your garden.”
This little boy is not going to get married because he doesn’t like spit.

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Duck snores are cute.

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These dogs think they’re caged up when the exit is RIGHT THERE!

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Compliance April 5, 2018

7th Circuit Again Rules Successor is Responsible for Multiemployer Plan Withdrawal Liability

The appellate court disagreed with a district court conclusion that the multiemployer plan had not shown sufficient continuity of business operations to support successor liability.

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Rebecca Moore

For the second time, the 7th U.S. Circuit Court of Appeals has ruled in a case about whether ManWeb Services, Inc. is a successor in interest to a defunct employer that owes withdrawal liability to a multiemployer plan. The original employer was Tiernan & Hoover, which withdrew from the Indiana Electrical Workers Benefit Fund.

Tiernan & Hoover did not get notice that it was deemed to have withdrawn from the plan and owed $661,978.00 in withdrawal liability until after it sold its assets to non-union employer ManWeb Services. In a previous ruling, the 7th Circuit disagreed with a district court’s finding that the successor liability notice requirement excludes notice of contingent liabilities. It said if this were true, and an employer withdrew from a plan after it sold its assets, “a liability loophole would exist,” and the plan would be left “holding the bag.”

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On remand, the district court again granted summary judgment for ManWeb, concluding that the fund had not shown sufficient continuity of business operations to support successor liability. In the new appeal, the 7th Circuit again disagreed with the district court.

According to the appellate court’s opinion, ManWeb’s purchase of Tiernan & Hoover’s intangible assets—its name, goodwill, trademarks, supplier and customer data, trade secrets, telephone numbers and websites—and its retention of Tiernan & Hoover’s principals to promote ManWeb to existing customers as carrying on the Tiernan & Hoover business “weigh more heavily in favor of successor liability than the district court recognized.” The 7th Circuit vacated the district court’s decision and remanded the case for further consideration.

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