United States Sixth Circuit

In an action brought by retired employees of defendant claiming that defendant improperly terminated their health benefits, which allegedly had become vested and irreducible through a series of collective bargaining agreements, summary judgment for defendants is reversed as: 1) case law relied on by the district court does not apply in this case because after-the-fact unilateral summary plan descriptions cannot supercede the amendment provisions in a collective bargaining agreement; and 2) the contracts are otherwise ambiguous about whether they promise lifetime, irreducible health benefits to employees upon their retirement.

Appellate Information

• Decided 10/03/2007
• Published 10/03/2007

Judges

• Before: SUTTON and McKEAGUE, Circuit Judges;  FORESTER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David M. Cook, Cook, Portune & Logothetis, Cincinnati, Ohio, for Appellants.  Rodger L. Eckelberry, Baker & Hostetler, Columbus, Ohio, for Appellee.   ON BRIEF:  David M. Cook, Robert E. Rickey, Stephen A. Simon, Cook, Portune & Logothetis, Cincinnati, Ohio, for Appellant.  Rodger L. Eckelberry, Manuel Jose Asensio III, Baker & Hostetler, Columbus, Ohio, for Appellee.  Michael F. Saggau, Daniel W. Sherrick, Associate General Counsel, Detroit, Michigan, Lisa M. Smith, Samuel C. McKnight, Klimist, McKnight, Sale, McClow & Canzano, Southfield, Michigan, for Amici Curiae.