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QUESENBERRY v. VOLVO TRUCKS RETIREE HEALTHCARE

No. 10-1491.

651 F.3d 437 (2011)

Mary QUESENBERRY; Paul E. Hollandsworth; Walter E. Viers; Curtis L. Cox; Robert K. Goad; Shirley I. Tolbert, on behalf of themselves and all other persons similarly situated; International Union, United Automobile, Aerospace and Agricultural Implement Workers of America; United Auto Workers 2069, Plaintiffs-Appellees, v. VOLVO TRUCKS NORTH AMERICA RETIREE HEALTHCARE BENEFIT PLAN; Volvo Group North America, LLC, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: July 11, 2011.

Attorney(s) appearing for the Case

ARGUED: Thomas Joseph Bender,   Matthew John Hank, Littler Mendelson PC, Philadelphia, Pennsylvania, for Appellants. Julia Penny Clark, Bredhoff & Kaiser, PLLC, Washington, D.C., for Appellees. ON BRIEF: Kimberly M. Sanchez-Ocasio, Bredhoff & Kaiser, PLLC, Washington, D.C.; Michael Nicholson,   Michael F. Saggau, Detroit, Michigan, for Appellees.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge AGEE joined.

OPINION

WILKINSON, Circuit Judge:

The question in this case is whether a collective bargaining agreement permitted Volvo to make unilateral changes to the health benefits of retirees from its New River Valley assembly plant after the agreement expired. After a jury determined that the parties did not intend to grant Volvo that power, the district court ordered the restoration of any health benefits lost due to Volvo's changes and enjoined Volvo from making...

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