Sixth Circuit Issues Different Opinions on Retiree Medical Coverage After Tackett

By Greg Mersol on March 9, 2016 Posted in Collective Action

For 33 years, unionized employers in the Sixth Circuit had to deal with the holding and, worse still, the application of the decision in UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983), which created what it called an “inference” that retiree health insurance benefits under collective bargaining agreements would “vest.” Although Yard-Man itself … Continue Reading

Sixth Circuit Permits “Reasonable” Changes To Welfare Benefits Under Yard-Man

By Greg Mersol on September 17, 2012 Posted in ERISA

In 46 states within the U.S., a collective bargaining agreement, and the obligations it contains, expires on its expiration date. Thus, the parties must come to agreement as to the new terms at relatively regular intervals, taking into account market forces, changes in their relative bargaining positions, and their respective interests. However, in 1983, the … Continue Reading

Federal Court Dismisses Retirees’ Health Care Claims For Lack Of Standing

By Gilbert Brosky on April 20, 2012 Posted in ERISA

The Sixth Circuit has been a hotbed of class action litigation involving retiree healthcare under collectively bargained plans. Retirees seeking benefits have prevailed in many such cases based on the 1983 Sixth Circuit case of UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983). But what if an employer has only threatened to reduce … Continue Reading