Wednesday, May 7, 2014

SCOTUS Grants Cert. in Retiree Benefits / Collective Bargaining Case

On Monday, the Supreme Court granted certiorari in M&G Polymers U.S.A. v. Tackett. You can view the order here and the SCOTUSblog case page here. SCOTUS limited its grant to only the first question presented in the petition for certiorari:
1. Whether, when construing collective bargaining agreements in Labor Management Relations Act (LMRA) cases, courts should presume that silence concerning the duration of retiree health-care benefits means the parties intended those benefits to vest (and therefore continue indefinitely), as the Sixth Circuit holds; or should require a clear statement that health-care benefits are intended to survive the termination of the collective bargaining agreement, as the Third Circuit holds; or should require at least some language in the agreement that can reasonably support an interpretation that health-care benefits should continue indefinitely, as the Second and Seventh Circuits hold.
As you can see, Third Circuit (my home circuit) precedent is on the line here.

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