O'Brien v. Great Lakes Container Corp.

748 S.W.2d 412, 1988 Mo. App. LEXIS 552, 1988 WL 35328
CourtMissouri Court of Appeals
DecidedApril 19, 1988
DocketNo. 53197
StatusPublished
Cited by2 cases

This text of 748 S.W.2d 412 (O'Brien v. Great Lakes Container Corp.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Brien v. Great Lakes Container Corp., 748 S.W.2d 412, 1988 Mo. App. LEXIS 552, 1988 WL 35328 (Mo. Ct. App. 1988).

Opinion

KELLY, Judge.

Great Lakes Container Corporation (“Great Lakes”) appeals from the judgment of the trial court entered in favor of respondent Robert O’Brien in his contract action against Great Lakes for severance and vacation pay following termination of his employment with Great Lakes. The trial court awarded O’Brien $3,873.00 in severance pay and $968.30 in vacation pay. Great Lakes challenges the subject matter jurisdiction of the trial court. Great Lakes reasons that any applicable cause of action by O’Brien under state law is pre-empted by the Employment Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (“ERISA”). We agree and reverse and remand the judgment of the trial court with directions.

Great Lakes is a Michigan corporation engaged in the business of reconditioning steel drums. It maintains several plants throughout the United States. In January 1977, Great Lakes hired respondent at its plant in the City of St. Louis. Sometime in 1980, an officer of Great Lakes gave respondent a management booklet containing certain company policies including severance pay and vacation benefits. Under the handbook’s terms, severance pay accrued in proportion to one’s length of employment. In May 1985, Great Lakes revised its handbook. Apparently the amended guidelines effectively eliminated the severance pay benefits. Great Lakes subsequently fired respondent on August 1985 and gave him two weeks’ notice in lieu of severance pay in accordance with the 1985 amendment. O’Brien, in turn, initiated this lawsuit against Great Lakes to recover severance and vacation pay benefits to which he claimed he was entitled under the original handbook guidelines.

The sole issue on appeal is whether ERISA pre-empts one’s right to maintain a claim in state court for breach of contract based upon an employer’s handbook to re[414]*414cover severance and vacation pay accrued under an employee welfare benefit plan. If answered affirmatively, the state trial court lacked jurisdiction to determine the merits of respondent’s action against Great Lakes.

ERISA subjects employee benefit plans to federal regulation. See generally 29 U.S.C. § 1001(a). ERISA pre-empts state laws which “relate to any employee benefit plan described in § 1003(a) of this title and not exempt under § 1003(b) of this title.” 29 U.S.C. § 1144(a). The coverage provision states that ERISA applies “to any employee benefit plan if it is established or maintained — (1) by any employer engaged in commerce in any industry or activity affecting commerce; (2) by any employee organization or organizations representing employees engaged in commerce or in any industry or activity affecting commerce; or (3) by both.” 29 U.S.C. § 1003(a).

ERISA defines “employer” as “any person acting directly as an employer”, 29 U.S.C. § 1002(5), and “person” includes a corporation. 29 U.S.C. § 1002(9). “Commerce” means “trade, traffic, commerce, transportation, or communication between any state and any place outside thereof.” 29 U.S.C. § 1002(11). Neither side disputes that Great Lakes is an employer within the meaning of ERISA.

Under the statute, an “employee benefit plan” is defined to include both pension and welfare plans. 29 U.S.C. § 1002(3). An employee pension benefit plan provides income deferral or retirement income. 29 U.S.C. § 1002(2). An employee welfare benefit plan is “any plan, fund or program” that provides benefits for contingencies such as medical, surgical, or hospital care or sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds or prepaid legal services. 29 U.S.C. § 1002(1)(A). (emphasis ours). Those employee benefit plans which are exempted include: (1) governmental plans; (2) church plans; (3) plans maintained solely in compliance with applicable workmen’s compensation laws or unemployment compensation or disability insurance laws; (4) plans maintained outside of the United States primarily for the benefit of non-resident aliens; or (5) plans which are excess benefit plans and are unfunded. 29 U.S.C. § 1003(b).

Section 1002(1)(B) defines an employee welfare benefit plan as a plan that pays, inter alia, benefits described in 29 U.S.C. § 186(c). The Supreme Court has noted that the latter section includes, inter alia, money paid by an employer to a trust fund to pay for severance benefits. Fort Halifax Packing Co. v. Coyne, — U.S. -, 107 S.Ct. 2211, 2215 n. 5, 96 L.Ed.2d 1 (1987). In Fort Halifax Packing Co., the Court further observed that § 1002(1)(B) has been construed to include severance benefits paid out of general assets, as well as out of a trust fund. Id. (citing Holland v. Burlington Industries, Inc., 772 F.2d 1140 (4th Cir.1985), summarily aff'd, 477 U.S. 901, 106 S.Ct. 3267, 91 L.Ed.2d 559 (1986); Gilbert v. Burlington Industries, Inc., 765 F.2d 320 (2d Cir.1985), summarily aff'd, 477 U.S. 901, 106 S.Ct. 3267, 91 L.Ed.2d 558 (1986); Scott v. Gulf Oil Corp., 754 F.2d 1499 (9th Cir.1985); 29 CFR § 2510.3-1(a)(3) (1986)). Severance pay, although not expressly set out in the language of 29 U.S.C. § 1002(1), also falls within the scope of ERISA as an “employee welfare benefit plan”. Boutillier v. Libby, McNeill & Libby, Inc., 42 Wash.App. 699, 713 P.2d 1110, 1118 [11](1986). We are satisfied that the severance and vacation pay benefits offered by Great Lakes to its employees are employee welfare benefit plans within ERISA’s scope.

Having mentioned that the ERISA preemption provision 29 U.S.C. § 1144(a) provides in pertinent part that, with certain exceptions, ERISA “shall supercede any and all State laws

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748 S.W.2d 412, 1988 Mo. App. LEXIS 552, 1988 WL 35328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-great-lakes-container-corp-moctapp-1988.