Petition of the day
The petition of the day is:
Issue: (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; and (2) whether, as the Sixth Circuit has held in conflict with the Second, Third, and Seventh Circuits, different rules of construction should apply when determining whether health-care benefits have vested in pure Employee Retirement Income Security Act (ERISA) plans versus collectively bargained plans.
Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (Apr. 23, 2014, 10:13 PM), http://www.scotusblog.com/2014/04/petition-of-the-day-595/