Tyco Court case results

To:  All Locals with former members from Tyco

I just want to remind everyone that the Tyco Fraud case and the Tyco suit to compel arbitration were lost in 2004, and notification of the final orders occurred in June of 2005.  We have had several phone calls and/or inquiries as to the status.  This notice is to let any interested parties know that the courts ruled in favor of Tyco and there is nothing further we can do in the case(s).  The initial grievance was a charge that Tyco enticed employees to take early retirement and then, within a month, closed the plant.  The employees believed they were entitled to benefits under the contract for plant closure, including but not limited to Extended Compensation benefits that would enable them to accrue additional pension time.  The Company refused to arbitrate the case, so CWA filed in US District Court in Texas to compel arbitration.  The court ruled in favor of Tyco.  The Union then filed an appeal with the 5th Circuit Court of Appeals to overturn the District Court finding.  The Court of Appeals denied the Union's appeal.  That ruling ended the case.  Nothing further is taking place in the courts.  The greed of the Company was not rectified by the legal system in Texas.

Although this is not a decision that we like or is in the interest of our members at Tyco, the ruling in the Texas courts is final and binding.  The sad thing is our retirees are adversely impacted by the injustices of the court.

In Unity,

Gerald W. Souder
CWA Representative

GWS:drk
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