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COLE v. ARVINMERITOR, INC.

No. 06-2224.

549 F.3d 1064 (2008)

Robert COLE, John Adams, and Richard, Lanter, on behalf of themselves and a similarly situated class; and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Plaintiffs-Appellees, v. ARVINMERITOR, INC., Rockwell Automation, Inc., and Rockwell International Corporation, Defendants-Appellants. Bernard Faust, Lois Last, David Reamer, and Charles Schmidt, on behalf of themselves and a similarly situated class; and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Plaintiffs-Appellees, v. Arvinmeritor, Inc., Rockwell Automation, Inc., and Rockwell International Corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 16, 2008.

Attorney(s) appearing for the Case

ARGUED: Michael A. Alaimo, Miller, Canfield, Paddock & Stone, Detroit, Michigan, for Appellants. Stuart M. Israel, Martens, Ice, Klass, Legghio & Israel, Royal Oak, Michigan, for Appellees. ON BRIEF: Michael A. Alaimo, Miller, Canfield, Paddock & Stone, Detroit, Michigan, Charles S. Mishkind, Miller, Canfield, Paddock & Stone, Grand Rapids, Michigan, for Appellants. Stuart M. Israel, Martens, Ice, Klass, Legghio & Israel, Royal Oak, Michigan, Carlos F. Bermudez, Michael F. Saggau, Associate General Counsel, International Union, Uaw, Detroit, Michigan, for Appellees.

Before: MARTIN and GILMAN, Circuit Judges; DOWD, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

This is an action by retired employees and their union against Rockwell International Corporation and its successor companies. The plaintiffs sued the defendants under § 301 of the Labor Management Relations Act (LMRA) and the Employee Retirement Income Security Act (ERISA) to enforce what they contend was a promise by the defendants in the applicable collective bargaining agreements (CBAs) to provided retirees...

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