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Question from DCRMHJPPNov-6

   Century Aluminum Inc. is located in Jackson WV. Since I retired in 2002 the company has stopped production at the plant I retired from. The company has four other plants still operating, one is a new plant in another country where they are now building another new plant. They still have bargaining unit employees working at the plant I retired from and say they intend to restart production as soon as the market price for product improves to a certain point...   A few days ago the company sent notice to all retires that they intend to stop our medical benefits for all retires 65 and older at the end of the year and they don't mention any thing about temporary. This is the same company that illegally locked out its employees during contract negotiations in 1990. It took almost two years to get back, That took a big toll, health wise, on some of our people. These benefits were a part of our union contract, and clearly states in writing in the retirement information package, that the company provided, that these benefits will continue as they were when I retired, for life.

 Now the union is preparing to fight this action, but they seem to think it may be a long court battle.

    My question, is there any suitable action I can take as an individual or group. Can we sue the company for breach of contract, age discrimination or civil rights. Can  we sue in Ohio, the plant is located in WV. they have retires in WV. and Ohio and other places.

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Fallen Nov-6 81943.2

Don't name names here -- even your own.  :)

"These benefits were a part of our union contract, and clearly states in writing in the retirement information package, that the company provided, that these benefits will continue as they were when I retired, for life."

Surely you haven't been living on a deserted/remote island and you have heard of benefits changing for retirees.  You don't say when the current union contract expires, but if it doesn't expire at the end of the year, presumably the union will calculate whether it's worthwhile to pursue breach of contract action to ensure you're covered through the end of the term of the contract.

"My question, is there any suitable action I can take as an individual or group."

It's not clear what you mean here, but your rights flow through the union contract. 

"Can we sue the company for breach of contract...."

Presumably that's what the union is contemplating.  :)

"... age discrimination or civil rights."

This wouldn't have anything to do with age discrimination or civil rights, I'm afraid, but contractual rights.

"Can  we sue in Ohio, the plant is located in WV."

I presume the contract requires any action to be taken in WV, but you'd discuss that with the union.

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