Legal Opinion

Reese v. CNH Industrial N.V.

Court of Appeals for the Sixth Circuit

Decided April 20, 2017No. 15-2382Published

1Dissent 1

DISSENT

2Dissent · SuttonSutton, Circuit Judge

In a 9-0 decision reversing our court in M & G Polymers USA, LLC v. Tackett, the Supreme Court asked us to do two things: (1) to interpret collective bargain*888ing agreements “according to ordinary-principles of contract law,” and (2) to stop using the extraordinary Yard-Man “inferences,” which had “placfed] a thumb on the scale in favor of vested retiree benefits in all collective-bargaining agreements.” — U.S. -, 135 S.Ct. 926, 933, 935, 190 L.Ed.2d 809 (2015). With the unanimous overruling of UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983), those twin directives became one: apply…

3Cases cited21 opinions

  1. Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
  2. Litton Financial Printing Div., Litton Business Systems, Inc. v. NLRBSupreme Court of the United States · 1991
  3. Robert D. Sprague, Plaintiffs-Appellees/cross-Appellants v. General Motors Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1998
  4. International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (Uaw), and Local 134, Uaw v. Yard-Man, IncorporatedCourt of Appeals for the Sixth Circuit · 1983
  5. Reese v. CNH AMERICA LLCCourt of Appeals for the Sixth Circuit · 2009

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