United States Seventh Circuit

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Temme v. Bemis Co., Inc., 09-3374

In retirees' suit under the Labor-Management Relations Act, and the Employee Retirement Income Security Act, claiming that the 2005 and 2007 changes to their medical plan breached the agreement negotiated by an employer and a labor organization, district court's holding that the Plant Closing Agreement included no promise of lifetime benefits to retirees in granting summary judgment to defendant is reversed and remanded where: 1) the language in the Agreement regarding the eligibility of the retirees to a medical benefit, read in conjunction with the CBA, shows the parties intended for the retirees to enjoy a lifetime entitlement to medical benefits; and 2) additional determinations need to be made with respect to the level of entitled benefits and whether defendant's 2005 and 2007 changes infringed on the retirees' vested rights.

Appellate Information

  • Argued 02/22/2010
  • Decided 09/13/2010
  • Published 09/13/2010

Judges

  • <a href="http://pview.findlaw.com/view/1283375_1">WILLIAMS</a>

Court

  • United States Seventh Circuit

Counsel