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[W] Alday v. Raytheon Co.

September 7, 2010; withdrawn and opinion filed May 21, 2012

FRANCES ALDAY; JANICE ALESHIRE; MARK AGRAVES; FRANK ARMENTA; MILORAD ARNOKOVICH; LEONARD BECWAR; JOAN BERNAL; IRMA BRAVO; JANE BRAVO; THURMAN BROOKS; HOWARD BROWNSTEIN; MARLENE BURGER; JAMES BYRNES, SR.; DAVID CARLESS; JOE CARRASCO; LIPA CARRASCO; ROSEMARY CESARE; ERNIE CORRAL; RACHEL DELACRUZ; JOAN DONNELLY; PATRICK ECCLES; LUCY ESPARZA; REBECCA FEDERICO; JERRY FITCH; DICKIE FLORES; ALICE GALLARDO; PATRICIA GARCIA; SANDRA GARY; RICHARD GEHRKE, SR.; DONALD GENUNG; RONALD GEUDER; KATHLEEN GLASER; GEORGE GONZALES; JEANETTE GRAY; JOSE GUTIERREZ; JEANNE HARRIS; ROBERT HARRIS; GLORIA HERNANDEZ; ELOISE HERRAN; GERALD HOTCHKISS; SHARON HUDSON; JOHN JACKSON; JOE KEIFLIN; LARRY KIDNEY; CLARE L'ARMEE; DAVID LILLIE; LESLIE LLAMAS; ERIC MARTINEZ; JIMMIE MARTINEZ; MARIA MARTINEZ; MARY MCKENNA; PATRICIA MCPHERON; JOSEPHINE MEADOWS; ROY MESA; BILL MEYER; THOMAS MILLER; MICHAEL MINCHEFF; CARMEN MIRANDA; LARRY MITCHELL; HENRY MODRZEJEWSKI; LOIS MOORE; HEIDE MORAN; GRACE MORENO; ABDO MORGAN; CARLOS OCHOA; FELICITA ORTEGA; JUAN ORTIZ; RICHARD PAYNE; LARRY POLLOCK; CLIFTON PRICE; JACK QUATTLEBAUM; IGNACIO REA; JACK ROBINSON; BRUCE ROGERS; JENNIE SAENZ; ROBERT SAGER; ESPERANZA SALTZBERRY; RUSSELL SCIRA; JEANNIE SIDES; DAVID SIMS; JEROLD SMALL; JAMES SMITH, JR.; JULIA SOLTERO; MICHAEL SOMMER; GINA SOTO; DONALD SPROSS; RONALD STALLINGS; DONALD STRAUSS; JAMES SULLIVAN; MARY TERPENING; JOHN TERRY; DONALD ULLIMAN; MARTHA VILLA; STEVE VUICH; LAWRENCE WICKERSHAM; MARY WILLIAMS; GEORGE ZUKOWSKI, PLAINTIFFS-APPELLEES,
v.
RAYTHEON COMPANY, A DELAWARE CORPORATION, DEFENDANT-APPELLANT.
MARK AGRAVES; RONALD GEUDER; CLARE L'ARMEE; DAVID LILLIE, PLAINTIFFS-APPELLANTS, AND FRANCES ALDAY; JANICE ALESHIRE; FRANK ARMENTA; MILORAD ARNOKOVICH; LEONARD BECWAR; JOAN BERNAL; IRMA BRAVO; JANE BRAVO; THURMAN BROOKS; HOWARD BROWNSTEIN; MARLENE BURGER; JAMES BYRNES, SR.; DAVID CARLESS; JOE CARRASCO; LIPA CARRASCO; ROSEMARY CESARE; ERNIE CORRAL; RACHEL DELACRUZ; JOAN DONNELLY; PATRICK ECCLES; LUCY ESPARZA; REBECCA FEDERICO; JERRY FITCH; DICKIE FLORES; ALICE GALLARDO; PATRICIA GARCIA; SANDRA GARY; RICHARD GEHRKE, SR.; DONALD GENUNG; KATHLEEN GLASER; GEORGE GONZALES; JEANETTE GRAY; JOSE GUTIERREZ; JEANNE HARRIS; ROBERT HARRIS; GLORIA HERNANDEZ; ELOISE HERRAN; GERALD HOTCHKISS; SHARON HUDSON; JOHN JACKSON; JOE KEIFLIN; LARRY KIDNEY; LESLIE LLAMAS; ERIC MARTINEZ; JIMMIE MARTINEZ; MARIA MARTINEZ; MARY MCKENNA; PATRICIA MCPHERON; JOSEPHINE MEADOWS; ROY MESA; BILL MEYER; THOMAS MILLER; MICHAEL MINCHEFF; CARMEN MIRANDA; LARRY MITCHELL; HENRY MODRZEJEWSKI; LOIS MOORE; HEIDE MORAN; GRACE MORENO; ABDO MORGAN; CARLOS OCHOA; FELICITA ORTEGA; JUAN ORTIZ; RICHARD PAYNE; LARRY POLLOCK; CLIFTON PRICE; JACK QUATTLEBAUM; IGNACIO REA; JACK ROBINSON; BRUCE ROGERS; JENNIE SAENZ; ROBERT SAGER; ESPERANZA SALTZBERRY; RUSSELL SCIRA; JEANNIE SIDES; DAVID SIMS; JEROLD SMALL; JAMES SMITH, JR.; JULIA SOLTERO; MICHAEL SOMMER; GINA SOTO; DONALD SPROSS; RONALD STALLINGS; DONALD STRAUSS; JAMES SULLIVAN; MARY TERPENING; JOHN TERRY; DONALD ULLIMAN; MARTHA VILLA; STEVE VUICH; LAWRENCE WICKERSHAM; MARY WILLIAMS; GEORGE ZUKOWSKI, PLAINTIFFS,
v.
RAYTHEON COMPANY, A DELAWARE CORPORATION, DEFENDANT-APPELLEE.



Appeal from the United States District Court for the District of Arizona D.C. Nos. 4:06-cv-00032-DCB & 4:06-cv-00032-DCB David C. Bury, District Judge, Presiding.

The opinion of the court was delivered by: Thompson, Senior Circuit Judge

FOR PUBLICATION

OPINION

Argued and Submitted February 9, 2010 -- San Francisco, California

Before: David R. Thompson, M. Margaret McKeown and Marsha S. Berzon, Circuit Judges.

OPINION

The plaintiffs are a class of retirees from Raytheon and its predecessor, Hughes Missile Systems, along with their spouses and eligible dependents. Since 1972, Hughes, and later Raytheon, paid insurance premiums for healthcare coverage for early retirees until age 65 pursuant to a series of collective bargaining agreements ("CBAs") with the plaintiffs' union. In 2004, Raytheon limited its contributions to premiums for this insurance and started charging the plaintiffs monthly payments for their healthcare coverage. The plaintiffs sued alleging that Raytheon breached the CBAs and violated the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185, and the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132. The district court concluded that the CBAs obligated Raytheon to continue to pay the premiums and granted summary judgment in favor of the plaintiffs. Raytheon appeals the order granting summary judgment.

In a separate order, the district court granted Raytheon's motion for judgment on the pleadings, concluding that the plaintiffs were not entitled to punitive and extra-contractual damages. The plaintiffs appeal that judgment.

We have jurisdiction under 28 U.S.C. § 1291, and we affirm the district court's summary judgment in favor of the plaintiffs and its judgment on the pleadings in favor of Raytheon.

I. Background

The CBAs that apply to the plaintiffs are those adopted in 1990, 1993, 1996 and 1999. Each CBA provided premium-free medical insurance coverage to qualified retirees until they attained the age of 65 years, as well as their spouses and eligible dependents. To qualify, retirees had to be at least age 55 but less than age 65, with five years of continuous employment, and three years of continuous participation in the company retirement plan.

Hughes Missile Systems executed the 1990-1996 CBAs. In 1997, Hughes Missile Systems merged into Raytheon and Raytheon was substituted as the employer in the 1996 CBA. In 1999, Raytheon executed a new CBA that continued to provide retirees with premium-free medical insurance coverage.

The relevant provisions of the 1990-1999 CBAs remained largely unchanged. Each CBA carried a three-year term. For qualifying retirees, Hughes and Raytheon agreed "to continue to provide the Comprehensive Medical Plan coverages for which they were covered while active employees, until the retired employee attain[ed] age 65 . . . ." This promise assured retirees of premium-free medical insurance coverage, because a separate provision of the CBAs obligated Hughes and Raytheon to pay the premiums for the Comprehensive Medical Plan for active employees. Starting in 1993, a provision was added to the CBAs confirming that for retirees "there is no weekly premium/charge" for the Preferred Plan, the Hughes Medical Plan, or an HMO. Raytheon continued to pay the full premiums for retirees until 2004.

In 2003, Raytheon negotiated a new CBA that eliminated its obligation to pay the full medical insurance premiums for retirees. The 2003 CBA obligated Raytheon to pay only a portion of the premiums for retiree medical insurance coverage. Raytheon applied this new agreement retroactively and, in 2004, began charging ...


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