Cates v. Cooper Tire & Rubber Co.

253 F.R.D. 422, 45 Employee Benefits Cas. (BNA) 2668, 2008 U.S. Dist. LEXIS 92009, 2008 WL 4636184
CourtDistrict Court, N.D. Ohio
DecidedOctober 21, 2008
DocketNo. 3:06CV0940
StatusPublished
Cited by6 cases

This text of 253 F.R.D. 422 (Cates v. Cooper Tire & Rubber Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cates v. Cooper Tire & Rubber Co., 253 F.R.D. 422, 45 Employee Benefits Cas. (BNA) 2668, 2008 U.S. Dist. LEXIS 92009, 2008 WL 4636184 (N.D. Ohio 2008).

Opinion

ORDER

JAMES G. CARR, Chief Judge.

This dispute over post-retirement health benefits arises under §§ 502(a)(1)(b) and 502(a)(3) of the Employee Retirement Income Security Act of 1984, 29 U.S.C. § 1001, et seq. [ERISA]. Named plaintiffs Earl Cates, Bobbie Grammar and Rita Kervin alleged that Cooper Tire and Rubber Company [Cooper]—an Ohio-based tire manufacturer and retailer—breached its pension and insurance agreement [Agreement]. I agreed and granted plaintiffs’ motion for judgment on the pleadings.1

Pending is plaintiffs’ motion for class certification of the following class:

All former hourly employees of Cooper’s Texarkana, Arkansas plant who retired between November 12, 1992 and April 11, 2005, and all former hourly employees of Cooper’s Findlay, Ohio plant who retired between November 24, 1991 and February 15, 2004 with eligibility for retiree health care benefits for themselves, their spouses, and eligible dependants.

[Doc. 65].

For the reasons discussed below, plaintiffs’ motion shall be granted and the class, as proposed, shall be certified. Jurisdiction exists under 28 U.S.C. § 1331 and 29 U.S.C. § 1132.

Background

Benefit Contracts and Supplemental Letters

Cooper has tire manufacturing plants in Texarkana, Arkansas and Findlay, Ohio, among other places.

In 1983, Cooper negotiated the first in a series of Agreements guaranteeing its employees and retirees certain benefits. Though Cooper and its local labor unions at Texarkana and Findlay negotiated each agreement individually, the Agreements’ terms were similar. Likewise, while the parties have renegotiated the Agreement at each of Cooper’s locations multiple times, they have not, with certain exceptions discussed below, significantly altered the Agreement’s terms.

Among other benefits, the Agreement guarantees all employees certain health benefits. Article 11.1 provides:

As of the Effective Date and for the duration of the Agreement, the Company will provide the following plan of hospital expense benefits, hospital medical benefits, surgical benefits, prescription drug benefits, dental benefits, vision care and major medical benefits, with the exception that none of the aforementioned benefits (of which all are medically necessary) shall be [425]*425applicable in the event of accident or ailness covered by the Workers Compensation Act. Charges which are determined by the Company’s physician-reviewers, or by provision of Title XVIII of Medicare, or on the basis of other scientific input to not be medically necessary or not accepted as medically appropriate for the treatment of any non-oecupational illness or injury will not be covered expenses. These benefits are subject to the provisions of the Memorandum of Agreements concerning health care dated January 7,1987.2

[Doc. 1, Ex. 1].

Article 11.2, entitled “Deductions and Co-Payment Amounts” lists payments beneficiaries must pay:

(a) the deductible under the basic medical plan will be two hundred dollars ($200) per employee, including dependents, each benefit year; (b) the co-payments for all eligible charges under the basic medical plan will be twenty percent (20%); (e) the co-payment maximum per benefit year will be eight hundred dollars ($800) exclusive of the charges used to satisfy the deductible in (a) above. Once the eight hundred dollars ($800) limit is reached in a benefit year, the basic medical plan will pay one hundred percent (100%) of those eligible expenses incurred during the remainder of the same benefit year.3

Ud.].

Section 11.15 extends these benefits to certain retirees, their spouses and their dependants: Employees who retire and who are eligible under the Employee Benefit Agreement for a Pension (other than a Deferred Vested Pension), shall receive the benefits described in the Article ...
The surviving spouse of an employee who is retired by the Company on or after the effective date of the Agreement ... shall continue to be eligible to receive such benefits to the earlier date of death or remarriage provided such spouse, as of the date of death of such retired former employee, was covered for these benefits as an eligible dependent at the time of the Employee’s retirement or had been legally married to the Employee for at least twelve (12) consecutive months preceding his death____Employees hired after March 6, 1993 and who retire after completion of at least twenty (20) years of continuous service and who are eligible and receiving a monthly pension shall receive the benefits described in this article.

[7d],

Article 4.1 addresses retirees’ pension benefits:

An employee retiring during the life of the Agreement who shall have attained the age of sixty-five (65) and who either has not less than five (5) years of Credited Service at his Normal Retirement Date or shall have been hired before his attainment of age sixty (60) shall be entitled to receive a pension upon retirement and upon the filing of an application for benefits as hereinafter provided ... An employee who shall have attained Normal Retirement Age shall have a non-forfeitable interest in the Pension.

[Id.].

Article 9.1 provides “Survivor Income Benefits”:

During the life of this Agreement, the Company will provide for active Employees^] beginning on the day following eom[426]*426pletion of thirty (30) days of Continuous Service Credit[,] the Survivor Income Benefits described in this article.
Article 9.2 limits these benefits’ duration: If an Employee dies on or after the Effective Date, while covered for Transition Survivor Income Benefits, leaving one or more survivors ... payment of not more than twenty-four (24) monthly Benefits shall begin ...

Article 13.1 discusses “Supplemental Workers’ Compensation Benefits”:

With respect to an absence, caused by occupational injury or illness, the following plan of Supplemental Workers’ Compensation Benefits will continue in effect for the duration of the Agreement for all employees in the Bargaining Unit.

Article 13.4 discusses these benefits’ duration:

Benefits will be paid for the duration of the disability[,] but not to exceed fifty-two (52) weeks for each period of disability. Periods of disability due to the same cause will be considered the same period of disability.

Section 15.4 limits the Agreement’s duration:

The Agreement shall continue in effect until and including the 4th day of March, 2000. Thereafter, it shall renew itself for yearly periods unless written notice is given by either party to the other not less than sixty (60) days, but not more than seventy-five (75) days, prior to the expiration date or an extension thereof, that it desire[s] to terminate or amend this Agreement....

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Cite This Page — Counsel Stack

Bluebook (online)
253 F.R.D. 422, 45 Employee Benefits Cas. (BNA) 2668, 2008 U.S. Dist. LEXIS 92009, 2008 WL 4636184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cates-v-cooper-tire-rubber-co-ohnd-2008.