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WITMER v. ACUMENT GLOBAL TECHNOLOGIES, INC.

No. 11-1793.

694 F.3d 774 (2012)

Kenneth WITMER; Joseph Olex; Ralph W. Williamson; Edward Pfannes; Raymond Owens, Plaintiffs-Appellants, v. ACUMENT GLOBAL TECHNOLOGIES, INC.; Platinum Equity; Textron, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 17, 2012.

Attorney(s) appearing for the Case

ARGUED: John R. Canzano , Klimist, McKnight, Sale, McClow & Canzano, P.C., Southfield, Michigan, for Appellants. Donald A. Van Suilichem , Van Suilichem & Associates, P.C., Bloomfield Hills, Michigan, for Appellees. ON BRIEF: John R. Canzano, Klimist, McKnight, Sale, McClow & Canzano, P.C., Southfield, Michigan, for Appellants. Donald A. Van Suilichem , Kelly A. Van Suilichem , Van Suilichem & Associates, P.C., Bloomfield Hills, Michigan, for Appellees.

SUTTON, J., delivered the opinion of the court in which, GRIFFIN, J., joined. DOWD, D.J. (pp. 780-81), delivered a separate dissenting opinion.

OPINION

SUTTON, Circuit Judge.

At stake is whether Acument Global Technologies promised lifetime, unchangeable healthcare benefits to its retired employees. Because the company expressly reserved the right to modify or terminate benefits, we agree with the district court that no such promise was made.

I.

A collective bargaining agreement governs the relationship between Acument Global Technologies and its retired employees. Prior to 2008...

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