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151277 - Rob't Arbuckle, PR of Estate of Arbuckle v General Motors

Robert Arbuckle, Personal Representative of the Estate of Clifton M. Arbuckle,
 
Robert J. MacDonald
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(MCAC)
 
General Motors, LLC,
 
Gregory M. Krause
 
Defendant-Appellant.
 

Summary

Plaintiff Robert Arbuckle, a General Motors retiree, brought this worker’s compensation action, alleging that General Motors was improperly coordinating his worker’s compensation benefits with his disability pension benefits. A 2009 collective bargaining agreement permits the coordination of benefits for already-retired workers such as Arbuckle. But the Court of Appeals held in an unpublished opinion that Arbuckle is not bound by the 2009 agreement because, as a retiree, the union did not represent him in negotiating the agreement. General Motors filed an application for leave to appeal and, on December 23, 2015, the Supreme Court directed the Clerk to schedule oral argument on the application, to consider whether Arbuckle’s action is preempted by federal law, and whether Arbuckle’s action is governed by state or federal law.