Petition of the day
The petition of the day is:
Newell Window Furnishings Inc. v. Bender
Issue(s): (1) Whether, consistent with federal labor and employee benefits policy, collectively bargained retiree benefits should not be found “vested” for the life of the retiree when a collective bargaining agreement does not contain a “clear statement” that such benefits are vested and/or unalterable, nor any language that might reasonably be construed to provide such benefits, but does contain a provision limiting the insurance program providing benefits to the duration of the labor contract, and does incorporate booklets reserving the right to change or discontinue benefits; and (2) whether the Sixth Circuit’s singular presumption of vesting retiree health care benefits based on the status of retirement has contravened federal labor and employee benefits policy by placing a “thumb on the scales” in favor of vesting, by impeding the development of a uniform federal labor law, and by adversely affecting the national uniform administration of benefit plans.
Certiorari stage documents:
Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Oct. 2, 2012, 11:03 PM), http://www.scotusblog.com/2012/10/petition-of-the-day-347/