Benton loses appeal over union lawsuit from 2003

[Omaha Steve]

http://www.bentoncourier.com/content/view/107755/

Thursday, 31 January 2008

By Lynda Hollenbeck

Courier Stafff

A court has once again ruled against the city of Benton in a lawsuit filed by Local 2957 of the American Federation of State, County and Municipal Employees and retired employees.

The latest action came from the U.S. Court of Appeals, Eighth Circuit, in St. Louis. The court affirmed the district court’s judgment for the plaintiffs and denied the city’s motion to amend the action.

The suit stemmed from action taken by the 2003 City Council, which, by resolution in 2003 and a motion in 2004, discontinued medical retirement benefits promised to AFSCME employees — and paid by the city for many years — and also reduced other benefits included in a union contract.

City Attorney Brent Houston said the Eighth Circuit decision represents the third loss for Benton in this suit. No decision has been made regarding what, if any, action the city will take after the latest ruling, Houston said.

“I don’t anticipate there being any further appeals or a motion for rehearing, which could be the next step,” Houston said.

“Right now we are evaluating the decision with our attorney, David Fuqua, who represented the city on behalf of Central Arkansas Risk Management Association, which, effectively, is the city’s insurance agent.

“I believe this is a sound decision for those employees,” Houston said. “We intend to meet with Mr. Fuqua in the coming week to discuss the practical effects for the plaintiffs in this particular suit as well as the plaintiffs in the Garner lawsuit.”

FULL story at link.