JOHNSON v. JOHNS-MANVILLE SALES CORP.

No. 11795.

398 So.2d 1193 (1981)

Jesse JOHNSON v. JOHNS-MANVILLE SALES CORPORATION.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted July 2, 1981.


Attorney(s) appearing for the Case

Law Offices of Gerald P. Webre, Kerry P. Camarata, Metairie, for plaintiff-appellee.

Chaffe, McCall, Phillips, Toler & Sarpy, David L. McComb, G. Phillip Shuler, III, New Orleans, for defendant-appellant.

Before SAMUEL and REDMANN, JJ., and STOULIG, J. pro tem.


REDMANN, Judge.

In the contract between defendant employer and its hourly employees' union in force when plaintiff was an employee, art. XXV(e) expressly obliges the employer to continue in full force the retirement plan. Thus a refusal to pay benefits under the plan would breach the contract.

The present action is for benefits allegedly due to plaintiff under the plan and is therefore a suit on a labor contract within § 305 of the Labor Management Relations...

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