Frances Alday v. Raytheon Company

ORDER

The Slip Opinion filed on May 21, 2012, is amended as follows:

[Slip Opinion at page 5547:]

After the words “violates both LMRA § 301 and ERISA. See id.” in the last full paragraph on page 5547, add a footnote that reads:

With this amendment, the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED.

No future petitions for rehearing or rehearing en banc will be entertained.

OPINION

Employees at a defense plant in Arizona collectively bargained for the right to receive employer-provided healthcare coverage after they retired. We consider whether those employees — now retirees— are contractually entitled to receive premium-free healthcare coverage until age 65, or whether the contracts on which the retirees rely as providing that entitlement allowed their prior employer to start charging them for their insurance. Our analysis depends on the language of the…