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VOYK v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS

No. 98-3937.

198 F.3d 599 (1999)

Jim VOYK; Paul Kerrigan; James L. Bellessa, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 1, 1999.

Attorney(s) appearing for the Case

Ellen M. Doyle (argued and briefed), Malakoff, Doyle & Finberg, Pittsburgh, PA, for Plaintiffs-Appellants.

Harold A. Ross (briefed), Ross & Kraushaar Co., L.P.A., Cleveland, OH, Jeffrey A. Bartos (argued and briefed), John A. Edmond (briefed), Guerrieri, Edmond & Clayman, Washington, DC, for Defendant-Appellee.

Before: WELLFORD, SUHRHEINRICH, and COLE, Circuit Judges.

OPINION

WELLFORD, Circuit Judge.

Plaintiffs, retired officers and employees of defendant Brotherhood of Locomotive Engineers ("BLE"), sued the union claiming that it unlawfully failed to pay the plaintiffs promised retirement benefits and asserting four different bases for recovery: (1) promissory estoppel; (2) breach of agreement; (3) breach of fiduciary duty; and (4) the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq...

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