dl[C*Rv,c~5gq+aYfj8oCedGE @0N3$@mY@7{ yWK|}R/[x opx3 ji fooA^)7x!( See Mass. For eligible members: UFCW Union-Industry Pension Fund. 1382, 1399(b)(1)). At the UFCW National Health and Welfare Fund we service only UFCW members, their families and retirees. at 15, Page ID 102. See DiGeronimo, 763 F.3d at 512. The MPPAA requires that an employer withdrawing from a multiemployer pension plan pay a fixed and certain debt to the pension plan. Id. The PBGC issued a report in 1978, finding that ERISA did not adequately protect plans from the adverse consequences that resulted when individual employers terminate their participation in, or withdraw from, multiemployer plans. Gray, 467 U.S. at 722. The Retail, Wholesale and Department Store Union District Council serves members in the retail food and food processing, retail and department stores, service, manufacturing and warehousing industries. Http://www.UFCWNPF.org. Each UFCW member belongs to a local union that serves their specific area. 1451(a). UFCW members are employed in many different industries, but concentrated in retail food, meatpacking, poultry, and other food processing industries. Storage Co. v. Cent. Federal Mediation and Conciliation Service. This is a profile preview from the PitchBook Platform. Rubber Associates rejected this proposal and unilaterally imposed its final offer in May 2008. Thereafter, the Union went on strike. Rubber Associates' counterclaim must contain either direct or inferential allegations respecting all material elements to sustain a recovery under some viable legal theory. DiGeronimo Aggregates, LLC v. Zemla, 763 F.3d 506, 509 (6th Cir.2014), cert. Plan benefits are comprehensive; they cover legal services related to certain criminal and consumer actions. To our UFCW Brothers and Sisters, we are here for you. at 28. O 5[k\|+r$CPCQE|wiqg* In support, Rubber Associates cites several cases for the general proposition that the PBGC's interpretation of ERISA must be considered. ERISA simply fails to afford Rubber Associates relief in this situation. The National Pension Fund is located in Illinois and provides pension benefits for eligible members of approximately 60 Local Unions across the country. UFCW National Pension Fund Contact Information Business Hours Fund Office Monday through Friday 8:30 am to 4:30 pm CST Contact Phone Number (800) 531-2385 Mailing Address UFCW National Pension Fund P.O. The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United States. Please use this contact form for general questions and comments only. 291 0 obj <>stream F D^hI>opT*tw~,N `:Gz Investigations are initiated based on various sources such as complaints from union members; information developed by OLMS as a result of reviewing reports filed; information developed during an OLMS audit of a unions books and records; and information obtained from other government agencies. at 2627. The Pension Fund covers 23 Local Unions across 17 states, 29 contributing employers, 223,423 participants, 47,453 retired pensioners. Congress declared the policy of the MPPAA as follows: (1) to foster and facilitate interstate commerce, (2) to alleviate certain problems which tend to discourage the maintenance and growth of multiemployer pension plans, (3) to provide reasonable protection for the interests of participants and beneficiaries of financially distressed multiemployer pension plans, and (4) to provide a financially self-sufficient program for the guarantee of employee benefits under multiemployer plans. 1. Rubber Associates then sought arbitration of its claims pursuant to 29 U.S.C. Life Ins. See Lamie v. United States Trustee, 540 U.S. 526, 538, 124 S.Ct. As a result, some of these pension fund may not be associated with the union. Established in 1963, the fund covers employees of retail food stores, meat markets, nursing homes, and similar industries, who are members of the United Food and Commercial Workers Union in the Midwest region. Servs., Inc., 731 F.3d 556, 562 (6th Cir.2013) (en banc). Nor are employers left with no protection under the law. See id. jP 0 Our staff takes your issues seriously. Get the full list, Youre viewing 1 of 4 board members. g@xrJtrZ@-A-/Cfsk  n{:c9X}}mm'vf=t[=WQf}#wiY\nNd2EV^=\VQ4^j#"*5mX_++ //-f4)/LBs1`m9Bp_bOp$Hv)m%pi+aw")?U{RNhjbtj\~u#dGU4Cx1_MAkD*A%OE'F_$)kWF/`ARXirum Contracts can help ease possible tensions between you and your managers by making it really clear what the agreed upon rules are, as well as what to do when they are violated. ftypjp2 jp2 jpxbjpx rreq @ . at 33. The Fund initially calculated Rubber Associates' withdrawal liability as $1,707,116, which was eventually revised upward to $1,713,169, using ERISA's presumptive statutory method of allocating unfunded vested benefits to withdrawing employers. Rubber Associates appeals the district court's dismissal of its counterclaim. Specifically, Rubber Associates contends that Caruso clearly had the unfair ability to play both sides' and devise a plan with the Fund that would both penalize Rubber Associates for what the Union perceived as difficult bargaining at the height of the recession and benefit the Fund financially, in her roles as chief negotiator for the Union during collective bargaining negotiations with Rubber Associates and a Fund trustee at all times relevant. Reply Br. Home - The United Food & Commercial Workers International Union | The United Food & Commercial Workers International Union How We Make Work Better How to get better wages and benefits Work-Life Balance Fair scheduling and leave Access to affordable health care Workplace safety & keeping workers safe Right to work laws vs real job security M (_"8P$GX'_@q u(pzt9*KJ:(.h When considering a motion to dismiss, this court must accept all well-pleaded factual allegations of the [counterclaim] as true and construe the [counterclaim] in the light most favorable to the [claimant]. Reilly v. Vadlamudi, 680 F.3d 617, 622 (6th Cir.2012) (quoting Dubay v. Wells, 506 F.3d 422, 426 (6th Cir.2007)). 1775 K STREET NW The United Food and Commercial Workers Union, No Surprises Act and Transparency Rule Compliance, Participants: Important Notice about a Dependent Eligibility Verification, Inflation Reduction Act and Your Health Care Benefits, Roe v. Wade overturned: What this means for you, The No Surprises Act: What You Need to Know. endstream endobj 287 0 obj <>stream N 7|p AoO !kdgH8DIVt}0O at 19, Page ID 3119. endstream endobj 286 0 obj <>stream Get the full list, Youre viewing 5 of 11 team members. The Office of Labor-Management Standards (OLMS) requires unions to report how they spent their money in a number of categories. Click the name of the fund to learn more. Section 1451(a) provides that [a] plan fiduciary, employer, plan participant, or beneficiary, who is adversely affected by the act or omission of any party under this subtitle with respect to a multiemployer plan, or an employee organization which represents such a plan participant or beneficiary for purposes of collective bargaining, may bring an action for appropriate legal or equitable relief, or both. However, the Fund does not dispute standing, and as recognized by the district court, Statutory standing does not confer a substantive right. Rubber Associates, 2015 WL 778781, at *7. R b!U[[%[JBz0DI0gj/,jg"kK= If you are looking for specific information about your contract or news in your area, it is best to reach out to your local union office. NF0 #&JY#V ", Source: Internal Revenue Service by way of the Center for Responsive Politics. Keep an eye out for our new Participant Portal where you will be able to access more personalized information about your benefits. Rubber Associates contends that the Report should be afforded weight as interpretative guidance. Appellant Br. United Food & Commercial Workers Union Employer Pension Fund (UFCW Union Employer Pension Fund) is a union pension fund based in Broadview Heights, Ohio. | 2<7n . r'^qU1}"{Q^`gv!5aw[-7-! Source: National Labor Relations Board; Case Activity Tracking System, Source: Federal Mediation and Conciliation Service. Secretary, Treasurer & Union Board Trustee, United Food and Commercial Workers Unions & Employers Midwest Pension Fund, Youre viewing 5 of 28 commitments. ERISA comprehensively addresses how withdrawal liability may be determined and provides four statutory methods for calculating withdrawal liability. The fact that Congress commissioned the Report from the PBGC but nevertheless failed to impose special rules for union-mandated withdrawals demonstrates Congress' intent not to act. Legal notice: Courts have enjoined non-Associate UFCW agents from entering Walmart property, except to shop, in AR, CO, FL, OH, TX, and MD and from doing non-shopping activity inside CA stores. Copyright 2023Present The United Food and Commercial Workers International Union (UFCW). "0 kg The Union did not recommend the contract and authorized a strike.1. Although the Sixth Circuit in Findlay Truck Line, Inc. v. Central States, Southeast & Southwest Areas Pension Fund, 726 F.3d 738, 755 (6th Cir.2013), cited the Report, it did so only to borrow the PBGC's definition of a union-mandated withdrawal. & Sw. Areas Pension Fund, 794 F.2d 221, 23336 (6th Cir.1986), certain estoppel claims, see Bloemker v. Laborers' Local 265 Pension Fund, 605 F.3d 436, 440 (6th Cir.2010), and undue influence claims, see Tinsley v. Gen. Motors Corp., 227 F.3d 700, 70405 (6th Cir.2000). The Union responded with its final offer, which included a $1,000 signing bonus and wage increases for some employees. at 29. @?A0"2|k\\k,d#%OD\WVmp.NTWu~Ri%({o[\LJF-VNg;'kI3i5EV7~ k!m The Fund calculated Rubber Associates' withdrawal liability obligation to be $1,713,169, which the arbitrator awarded in full to the Fund. Regardless of whether this is true, Congress has not taken action in the twenty-four years since the Report was published. We will only be able to respond if you are a participant of the UFCW National Health and Welfare Fund. Southern California United Food & Commercial Workers Unions and Food Employers Joint Benefit Funds Administration, LLC New Delta Dental PPO Plan Coming - Click here for more information About the Fund Contact Us My Portal Health Care Health Care Benefits Active Participants Plan Benefits Charts Platinum Plus Plan A Platinum Plus Plan B Id. 1-800-241-2136, Toll-Free: 1405(b). PitchBook provides insight into a limited partners preferred investments, including actual and target allocations by strategy, secondary market preferences and interest in first-time funds. The Fund calculated Rubber Associates' withdrawal liability in accordance with the MPPAA's presumptive method, and the parties agree that, if the presumptive method is to be applied, the Fund accurately calculated Rubber Associates' withdrawal liability. Established in 1960, the plan provides retirement benefits to eligible members of the UFCW. endstream endobj 23 0 obj <> endobj 24 0 obj <> endobj 25 0 obj <>stream 1023, 157 L.Ed.2d 1024 (2004) (Our unwillingness to soften the import of Congress' chosen words even if we believe the words lead to a harsh outcome is longstanding.). The UFCW International Union is organized by departments and divisions to effectively serve the interests of UFCW members. Thereafter, negotiations resumed without success. Nat'l Ins. denied, U.S. , 135 S.Ct. M M_>-DxSJd=;/LD-N+!5);$)HMU The hospital is in-network, the doctor who treats her is in-network, but the radiologist is out-of-network. 66 Grand AvenueEnglewood, NJ 07631Phone: 201.569.8801Fax: 201.569.1085 or NJFax@UFCWNationalFund.org, 1212 W. Robinhood Drive, #3EStockton, CA 95207Phone: 209.952.6533Fax: 209.952.7325 or CAFax@UFCWNationalFund.org. The pension fund provides retirement, disability, and death benefits to employee-members and beneficiaries. If you need assistance with your retirement benefits, please contact us at(800) 531-2385. Council efforts build stronger communities, safer workplaces and a brighter future for workers and their families across North America. The Report rejected suggestions that an employer be given the total forgiveness of all withdrawal liability and that the union have to pay withdrawal liability. Treating its factual allegations as true and assuming that collusion would justify equitable relief, Rubber Associates has simply failed to allege collusion and self-dealing. During negotiations, Rubber Associates proposed to the Union that it decrease its contribution rate to the Fund from 62 cents per hour to 30 cents per hour. Established in 1963, the fund covers employees of retail food stores, meat markets, nursing homes, and similar industries, who are members of the United Food and Commercial Workers Union in the Midwest region. If you need assistance with your retirement benefits, please contact us at (800) 531-2385. As part of the MPPAA, Congress directed the PBGC to study and report on the necessity of adopting special rules in cases of union-mandated withdrawal from a multiemployer pension plan. DE 52, PBGC Report at 1, Page ID 88. Our Union represents a wide array of industries ranging from retail stores, packing & processing food plants, nursing homes, CDL truck drivers, barbers, and workers in the healthcare field. According to Rubber Associates, failure to remedy a union-mandated withdrawal creates a dangerous imbalance of power between employers, unions and union-dominated pension funds going forward and would actually encourage unions to kick small employers or employers with high employee turnover out of the plan altogether, such that pension funds and unions [could] use withdrawal liability as a weapon against contributing employers or as a funding mechanism. Appellant Br. Co., 32 F.3d 220, 225 (6th Cir.1994)). The Pension Fund covers 23 Local Unions across 17 states, 29 contributing employers, 223,423 participants, 47,453 retired pensioners. The UFCW is made up of 1.4 million members people working together to improve their lives and their future. Rubber Associates argues against itself by stating that the fact that this is a case of first impression as no other court has addressed whether relief should be granted where a true union-mandated withdrawal has taken place, highlights the very minimal financial impact that granting such equitable relief would have on pension plans. Appellant Br. * In particular, Barbara Caruso (Caruso) was employed by the Union at the same time she served as a Fund trustee. Are you and your coworkers ready to negotiate together for bigger paychecks, stronger benefits and better lives? Source: Federal Mediation and Conciliation Service. The district court assumed that Rubber Associates was subjected to a union-mandated withdrawal as defined in the Report, and we assume the same. After the United Food and Commercial Workers Union (the Union) disclaimed interest in representing the company's employees, Rubber Associates was deemed to have withdrawn from the Fund, pursuant to the Multiemployer Pension Protection Amendments Act of 1980 (MPPAA). H;>T `(CQDHHZDD_Y_hRe`apA3 # #Y(rl`I$#+@;BR0pEf!P5FAn "*&.! At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This Fund has approximately 300 contributing Employers, 81,000 active Participants and 68,000 retired Pensioners and Beneficiaries. The PBGC complied, and in 1991 issued its study on union-mandated withdrawals (the Report).2 The Report stated that a complete withdrawal occurs when an employer permanently ceases to have an obligation to contribute under the plan or permanently ceases all covered operations under the plan. Id. at 22. JH %%EOF In addition, following sp&c arrangements shall apply. Rubber Associates errs in stating the issue at too narrow a level of generality. If you just started a new job or just started with us, congratulations and welcome to the family. Had Congress intended to create equitable relief for a union-mandated withdrawal, it certainly knew how to do sothe Report suggests possible rules for union-mandated withdrawals. 289 0 obj <>/Filter/FlateDecode/ID[<5217F1833AB74FD0B0B4396888253D80>]/Index[282 10]/Info 281 0 R/Length 47/Prev 662230/Root 283 0 R/Size 292/Type/XRef/W[1 2 0]>>stream All rights reserved. 1391. In late 2006 or early 2007, Rubber Associates and the Union began negotiations for a new CBA. The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United States. 1001a(c). This shall be in accordance with the Participation Agreement letter signed by the Company, dated April 20,1990. 'https://':'http://') + 'secure.wufoo.com/scripts/embed/form.js'; s.onload = s.onreadystatechange = function() { var rs = this.readyState; if (rs) if (rs != 'complete') if (rs != 'loaded') return; try { xti77mu0yuyuar = new WufooForm(); xti77mu0yuyuar.initialize(options); xti77mu0yuyuar.display(); } catch (e) { } }; var scr = d.getElementsByTagName(t)[0], par = scr.parentNode; par.insertBefore(s, scr); })(document, 'script'); All hours are EST for New Jersey office and PST for California office. In sum, allowing employers to reduce or eliminate their withdrawal liability is unrelated to the purpose of the MPPAA, which Congress designed to protect multiemployer plan beneficiaries by providing contributing employers with an incentive to remain in financially unstable plans rather than immediately withdrawing from such plans. DiGeronimo, 763 F.3d at 512 (citing Milwaukee Brewery Workers' Pension Plan v. Joseph Schlitz Brewing Co., 513 U.S. 414, 41617, 115 S.Ct. Grp. When reviewing a district court's dismissal of a cause of action for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), this court employs a de novo standard of review. {5evNDIxYhR Db{07BU1Mgk)";Z" 3##!ZG\x`ZA9LW-?g05rKK=fRJm Although separate entities, the Union and the Fund are interrelated: The Fund's Board of Trustees is composed of Union and employer trustees, who were named as individual plaintiffs in the complaint. The Fund's trustees responded that they had properly relied on the calculation of withdrawal liability made by the actuary for the [Fund]. DE 2246, Resp., Page ID 2226. We encourage you to explore the website and look forward to expanding online capabilities for participants and employers, small enough to care BIG enough to make a difference!. Have a question about the Covid-19 vaccine? More than 90% of union workers have retirement savings and union employers chip in 56% more to retirement than non-union workplaces. 10011461. Finally, Rubber Associates cites a Third Circuit opinion from 1988 for the proposition that federal courts may fashion equitable relief pursuant to ERISA based on the alleged collusion and self-dealing of the Fund and the Union.5 Although Carl Colteryahn Dairy, Inc. v. Western Pennsylvania Teamsters & Employers Pension Fund, 847 F.2d 113 (3d Cir.1988), dealt with outright fraud, which Rubber Associates admits is not present in this case, Rubber Associates asserts that Colteryahn may serve as the source of law for its claim based on the alleged collusion and self-dealing between the Union and the Fund. If you are, the steps to joining the UFCW are simple. YF8e1 35 0 obj <>/Filter/FlateDecode/ID[<7C696E16A7964E82B88CB654B480D139>]/Index[22 22]/Info 21 0 R/Length 72/Prev 1570117/Root 23 0 R/Size 44/Type/XRef/W[1 2 1]>>stream United Food and Commercial Workers National Union (Meatcutters) - www.ufcwnpf.org UFCW International Pension Fund - www.ufcw.org AARP - www.aarp.org US Department of Labor - www.dol.gov Revenue Service - www.irs.gov UFCW Local 21 (Washington) - www.ufcw21.org UFCW Local 75 (Ohio and Kentucky) - ufcw75.org UFCW Local 400 (Virginia) - www.ufcw400.org The parties disagree, however, on whether we should create federal common law under ERISA to carve out special liability rules for contributing employers which are forced out of pension funds due to union-mandated withdrawal.3 Specifically, Rubber Associates contends that we should calculate its withdrawal liability pursuant to the direct attribution method as detailed in the Report, which would decrease its liability from $1,713,169 to $312,000. at 22. Copyright 2023, Thomson Reuters. UNITED FOOD AND COMMERCIAL WORKERS UNIONEMPLOYER PENSION FUND; Robert W. Grauvogl; Barbara Caruso; Carl Ivka; F. Steven Albrecht; John Halkias; Ray Huber, PlaintiffsAppellees, v. RUBBER ASSOCIATES, INC., DefendantAppellant. At the UFCW National Health & Welfare Fund we can design and administer any negotiated health care benefit. The Labor-Management Reporting and Disclosure Act (LMRDA), which is enforced by the Office of Labor-Management Standards, requires labor unions to file annual reports detailing their operations. You can print your 2022 1099-R tax form in the UFCW Participant Portal! The UFCW is made up of 1.4 million members people working together to improve their lives and their future. United Food & Commercial Workers District Council, United Food & Commercial Workers Regional Council 4, United Food & Commercial Workers Regional Board, United Food & Commercial Workers Regional Council 6, United Food & Commercial Workers Local 21, United Food & Commercial Workers Regional Council 3, United Food & Commercial Workers Local 1262, See All Locals and Other Affiliated Organizations, National Institute on Money in State Politics, 8(b)(1)(A) Duty of Fair Representation, incl'g Superseniority, denial of access, 8(a)(1) Coercive Actions (Surveillance, etc), 8(a)(5) Refusal to Bargain/Bad Faith Bargaining (incl'g surface bargaining/direct dealing), 8(a)(3) Discharge (Including Layoff and Refusal to Hire (not salting)), 8(a)(1) Coercive Statements (Threats, Promises of Benefits, etc. Unless fund trustees adopt an alternative calculation method for the plan with PBGC approval, or amend the plan to adopt another method in 1391, ERISA requires withdrawal liability to be calculated using the statutory presumptive method, which is the calculation method the Fund correctly applied in this case. The UFCW Consolidated Pension Fund is located in Atlanta, Georgia and provides Pension benefits for eligible Union employees across the United States. The Court majority found Lets say your child broke her arm and you head to the emergency room. A L+!36dr[bg' 29 U.S.C. Rubber Associates' prediction that affirming the district court would legally sanction[ ] the notion that pension funds in league with unions can use withdrawal liability as a way to penalize employers and as a funding mechanism for distressed pension funds without any repercussions is similarly without merit. 5. Use the Benefit Estimator as your personal retirement planning tool! The Pension Fund covers 23 Local Unions across 17 states, 29 contributing employers, 223,423 participants, 47,453 retired pensioners. endstream endobj 283 0 obj <>>> endobj 284 0 obj <>>>/Rotate 0/TrimBox[33.0 33.0 465.0 681.0]/Type/Page>> endobj 285 0 obj <>stream Just click the "Login" button on the top right corner of this webpage to set up your login information and get started. Win whats next. With minor exceptions a plan determines the amount of unfunded vested benefits allocable to a withdrawing employer in accordance with the presumptive method, unless the plan is amended to adopt an alternative allocative method, which [g]enerally, the PBGC must approve. 29 C.F.R. We agree with the district court that ERISA contains a comprehensive statutory and regulatory scheme for determining withdrawal liability and is not silent or ambiguous on the subject. Rubber Associates, 2015 WL 778781, at *5. 4211.1(a). 2890, 77 L.Ed.2d 490 (1983) (citations omitted). States, Se. The PBGC defined a union-mandated withdrawal as one in which (1) a union voluntarily (e.g., without the coercion of any employer unfair labor practices) disclaim[s] its status as the recognized bargaining agent for a group of employees, and (2) the plan refuses to accept the continued contributions that are proffered by the employer. Id. The National Labor Relations Board (NLRB) oversees the porcess of determining if the union violated the National Labor Relations Act. These factual allegations, without more, would prove only that the Union and the Fund were interrelated, not that any improper or illegal collusion occurred. 29 U.S.C. The UFCW Unions & Employers Legal Assistance Fund is a valuable pre-paid legal services benefit and is available to eligible participants in Georgia and Alabama. 6 (:V7u?'d Kroger Co. ratified an agreement to withdraw from the United Food and Commercial Workers International Union-Industry Pension Fund and contribute to a new variable annuity pension plan . at 2829. As was customary, Rubber Associates requested an estimate of withdrawal liability from the Fund, and the Fund estimated $1,518,872 in withdrawal liability in January 2007. hbbd``b`$@,~ $@D`@,GqD/ qa%#RG~ The strength of our union is our members, and the UFCW is committed to improving their lives every [] The Office of Labor-Management Standards (OLMS) has responsibility under the Labor-Management Relations and Disclosure Act (LMRDA) to conduct audits to determine if unions are complying with the law. For more information about this Notice, you may contact the Board of Trustees, United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund, 3031 B Walton Road, Plymouth Meeting, PA 19462, telephone (866 . Don't hesitate to call or email us with any questions. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Contained in those reports are breakdowns of each union's spending, income and other financial information. This team is focused on upholding our core values while serving each plan participant to the best of our abilities. Union-mandated withdrawals fall into the category of complete withdrawals, and therefore ERISA is not silent or ambiguous on this issue. 2264, 124 L.Ed.2d 539 (1993)). WASHINGTON, DC 20006, Source: Office of Labor-Management Standards, Year Covered: 2019 Last Updated: April 8th, 2021, Source: Office of Labor Management Standards, See All Employees' Compensation and Salary History. All rights reserved. The assets of the pension fund are managed by the executive management team. Get the full list, Morningstar Institutional Equity Research. For additional information, you may visit their website at www.anthem.com/northside. Rubber Associates first contends that ERISA is completely silent on the issue of union-mandated withdrawals. Appellant Br. And [w]here ERISA allows for recovery on an issue under some but not all circumstances, ERISA is not silent on that issue. Girls Scouts of Middle Tenn., Inc. v. Girl Scouts of U.S .A., 770 F.3d 414, 421 (6th Cir.2014) (citing Local 60682, 342 F.3d at 609). During the strike, the Union filed several unfair labor practice charges with the National Labor Relations Board (NLRB). Rubber Associates cites several cases for the proposition that it has standing to maintain a cause of equitable relief pursuant to 29 U.S.C.