GERHARDSON v. GOPHER NEWS CO.

Nos. 11-2991, 11-3089.

698 F.3d 1052 (2012)

Steven GERHARDSON; Ron Hanek; Mike Johnson; Jim Costello, Plaintiffs-Appellants v. GOPHER NEWS COMPANY, a Minnesota corporation, Defendant-Appellee. Central States, Southeast and Southwest Areas Pension Fund, Defendant. Local No. 638 of the Miscellaneous Drivers, Helpers & Warehousemen's Union (International Brotherhood of Teamsters), Defendant-Appellee. Steven Gerhardson; Ron Hanek; Mike Johnson; and Jim Costello, Plaintiffs v. Gopher News Company, a Minnesota corporation, Defendant-Appellant. Central States, Southeast and Southwest Areas Pension Fund, Defendant. Local No. 638 of the Miscellaneous Drivers, Helpers & Warehousemen's Union (International Brotherhood of Teamsters), Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 6, 2012.


Attorney(s) appearing for the Case

Jordan M. Lewis , argued, Wood R. Foster, Jr. , on the brief, Minneapolis, MN, for appellants Steven Gerhardson, Ron Hanek, Mike Johnson and Jim Costello.

James D. Kremer , argued, Shane Harr Anderson , on the brief, Minneapolis, MN, for appellee/cross-appellant Gopher News Company.

Justin D. Cummins , argued, Roger A. Jensen , Brendan D. Cummins , on the brief, Minneapolis, MN, for appellee/cross-appellee Local No. 638 of the Miscellaneous Drivers, Helper & Warehousemen's Union (International Brotherhood of Teamsters).

Before RILEY, Chief Judge, SMITH and COLLOTON, Circuit Judges.


RILEY, Chief Judge.

Steven Gerhardson, Ron Hanek, Mike Johnson, and Jim Costello (collectively, drivers) were unionized delivery drivers covered by a collective bargaining agreement (CBA). The CBA established a pension plan operated by a third-party pension management firm. A dispute arose in 2006 after the drivers' employer and union renegotiated the CBA. The drivers sued their employer, the union, and the pension management...

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