Local Union No. 97, International Brotherhood of Electrical Workers v. NRG Energy, Inc.

Justia Dockets & Filings Second Circuit New York Northern District Local Union No. 97, International Brotherhood of Electrical Workers v. NRG Energy, Inc.

Local Union No. 97, International Brotherhood of Electrical Workers v. NRG Energy, Inc.

Case Number:	5:2005cv01192
Filed:	September 20, 2005
Court:	US District Court for the Northern District of New York
Office:	Syracuse Office
Presiding Judge:	George H. Lowe
Presiding Judge:	Frederick J. Scullin
Nature of Suit:	Labor: Labor/Mgt. Relations
Cause of Action:	29 U.S.C. § 185 Labor/Mgt. Relations (Contracts)
Jury Demanded By:	None

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Date Filed	Document Text
May 8, 2009	Filing 34 DECISION & ORDER: denying the # 21 Motion for Summary Judgment; and granting the # 27 Sealed Cross Motion for Summary Judgment. It is Ordered that Defendant NRG comply with the arbitration award dated 6/25/05 of Arbitrator Robert Herzog by recalc ulating pension benefits for all bargaining unit employees who retired between 6/1/01 and 9/30/03 utilizing Covered Earnings at $16,500.00 and paying all affected retirees the difference between the recalculated pension benefits and the retireme nt benefits actually paid to said retirees. Defendant is ordered to pay Plaintiff prejudgment interest in the amount of nine percent (9%) per year running from 12/20/06, until the date on which Defendant satisfies its obligation to Plaintiff pursuant to the Arbitration Award. The parties are directed to submit a letter brief on the issue of attorneys fees by 6/8/09. The Clerk is directed to enter judgment and close this case. Signed by Judge Glenn T. Suddaby on 5/8/09. (jmb)

Date Filed

Document Text

May 8, 2009

Filing 34 DECISION & ORDER: denying the # 21 Motion for Summary Judgment; and granting the # 27 Sealed Cross Motion for Summary Judgment. It is Ordered that Defendant NRG comply with the arbitration award dated 6/25/05 of Arbitrator Robert Herzog by recalc ulating pension benefits for all bargaining unit employees who retired between 6/1/01 and 9/30/03 utilizing Covered Earnings at $16,500.00 and paying all affected retirees the difference between the recalculated pension benefits and the retireme nt benefits actually paid to said retirees. Defendant is ordered to pay Plaintiff prejudgment interest in the amount of nine percent (9%) per year running from 12/20/06, until the date on which Defendant satisfies its obligation to Plaintiff pursuant to the Arbitration Award. The parties are directed to submit a letter brief on the issue of attorneys fees by 6/8/09. The Clerk is directed to enter judgment and close this case. Signed by Judge Glenn T. Suddaby on 5/8/09. (jmb)

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