United States Third Circuit

In a case involving whether an employee's challenge to a denial of disability benefits under an employer's ERISA plan is subject to a grievance procedure, including arbitration, contained in a separate collective bargaining agreement (CBA) negotiated between the employer and its workers under the NLRA, summary judgment for union and workers is reversed and remanded where the benefits sought in this case were neither created by or incorporated into the CBA, nor made subject to the CBA's grievance procedure.

Appellate Information

• Decided 04/14/2008
• Published 04/14/2008

Judges

• Before:  McKEE, AMBRO, Circuit Judges, and IRENAS, Senior District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Raymond A. Kresge, Esq. (Argued), Cozen O'Connor, Philadelphia, PA, for Appellants.


• For Appellees:
  
• William Payne, Esq., (Argued), Pamina Ewing, Esq., Stember, Feinstein, Doyle & Payne, Pittsburgh, PA, for Appellees.