UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO-CLC; Ronald D. Strait; Danny O. Stevens, Plaintiffs-Appellees, v. KELSEY-HAYES COMPANY; TRW Automotive, Inc.; TRW Automotive Holdings Corporation, Defendants-Appellants.
No. 13-1717
United States Court of Appeals, Sixth Circuit
July 28, 2015
792 F.3d 525
Before: MERRITT, SUTTON, and GRIFFIN, Circuit Judges.
GRIFFIN, Circuit Judge.
On May 6, 2014, defendants filed a petition for panel rehearing, as well as a motion to stay consideration of the petition for panel rehearing, pending the Supreme Court‘s decision in M & G Polymers USA, LLC v. Tackett, Supreme Court No. 131010. On May 19, 2014, the majority of this panel granted appellant‘s motion to stay consideration of the petition for rehearing. On January 26, 2015, the Supreme Court issued its decision in M & G Polymers USA, LLC v. Tackett, — U.S. —, 135 S.Ct. 926, 190 L.Ed.2d 809 (2015), which overruled this court‘s decision in UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir.1983).
MERRITT, Circuit Judge, dissenting.
I do not agree that the court should remand this case to the district court. I would conclude this case by deciding that the Kelsey-Hayes employees who are retired are entitled to vested health care benefits under the collective bargaining agreements.