In an ERISA action seeking a declaration that plaintiffs-employees were entitled to lifetime health benefits under a collective bargaining agreement (CBA), summary judgment for plaintiffs is affirmed in part where the CBA unambiguously granted plaintiffs benefits. However the ruling is reversed in part where the CBA and related documents said nothing about subsequent modifications to these benefits, and the application of the relevant provisions suggested that the parties contemplated reasonable modifications.
Argued: March 3, 2009
Decided and Filed: July 27, 2009
Opinion by Judge Sutton
Roger J. McClow, Klimist, McKnight, Sale, McClow & Canzano, P.C., Southfield, MI