Sixth Circuit Affirms Summary Judgment For Employer In Retiree Health Care Class Action

By Greg Mersol on September 28, 2012 Posted in ERISA

We’ve commented in this blog before about the Sixth Circuit’s holdings regarding retiree healthcare under collective bargaining agreements. Starting with the case of UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983), the Sixth Circuit began to apply an “inference” that collectively bargained retire welfare benefits, primarily paid health insurance, would “vest” and would … 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