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Restructuring, Workers' Pension Rights, and the Law

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  • G L Clark

    (Center for Labor Studies, School of Urban and Public Affairs, Carnegie Mellon University, Pittsburgh, PA 15213, USA)

Abstract

This paper extends analysis of the intersection between economic and geographical restructuring, unions, and corporate pension liabilities. The focus here is on Gavalik v Continental Can Co ., a suit brought in federal district court alleging that the company had violated Section 510 of the Employee Retirement Income Security Act by laying off workers and relocating work at the company's Pittsburgh plant. After considering the role of unions in the growth and expansion of private pensions in the United States, and the current case in the context of litigation over the power of Section 510, the legal arguments made by the plaintiffs and defendants in federal courts are examined. Emphasized are issues relating to the motivations of the corporation, as well as the courts' determination of what are legal and illegal actions.

Suggested Citation

  • G L Clark, 1990. "Restructuring, Workers' Pension Rights, and the Law," Environment and Planning A, , vol. 22(2), pages 149-168, February.
    • Handle: RePEc:sae:envira:v:22:y:1990:i:2:p:149-168
    DOI: 10.1068/a220149
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    References listed on IDEAS

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    1. W. Kip Viscusi, 1985. "The Structure of Uncertainty and the Use of Nontransferable Pensions as a Mobility-Reduction Device," NBER Chapters, in: Pensions, Labor, and Individual Choice, pages 223-252, National Bureau of Economic Research, Inc.
    2. Alan L. Gustman & Thomas L. Steinmeier, 1988. "An Analysis Of Pension Benefit Formulas, Pension Wealth And Incentives From Pensions," NBER Working Papers 2535, National Bureau of Economic Research, Inc.
    3. Jerry R. Green, 1985. "The Riskiness of Private Pensions," NBER Chapters, in: Pensions, Labor, and Individual Choice, pages 357-378, National Bureau of Economic Research, Inc.
    4. Laurence J. Kotlikoff & Daniel E. Smith, 1983. "Pensions in the American Economy," NBER Books, National Bureau of Economic Research, Inc, number kotl83-1.
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