Open Access. Powered by Scholars. Published by Universities.®

Retirement Security Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law

Health insurance

Faculty Scholarship

Articles 1 - 1 of 1

Full-Text Articles in Retirement Security Law

After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria Hylton Aug 2015

After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria Hylton

Faculty Scholarship

This paper examines the recent U.S. Supreme Court retiree health care decision in Tackett v. M & G Polymers and focuses, in particular, on the ostensibly odd silence with respect to a critical contract term — whether the parties in fact agreed that these benefits were vested. Although the union in Tackett insisted these welfare benefits were clearly intended to vest and the employer now asserts they can be modified at any time, the collective bargaining agreement and supporting documents are ambiguous on this question. This paper examines how and why this “silence” persisted for so many decades and concludes that ...