Monday, August 22, 2011

Fourth Circuit -- Harold Dewhurst v. Century Aluminum Company

Harold Dewhurst v. Century Aluminum Company

   Retiree benefits do not extend beyond the termination of the CBA where the agreement limits them  to the duration of the CBA.

   No error in Distract Court denial of preliminary injunciton.

   There is no legal presumption that benefits vest and continue - courts must interpret the contract.

    Employer need not reserve right in agreement to alter or terminate coverage for the coverage to terminate with the CBA.

    Language indicating that pension plan benefits vested does not indicate that health plan dose the same, even where pension plan is a condition precedent for health benefits.  It suggests the opposite - exclusio alterius.

  
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.