to the contingencies of future negotiations.” More than unlikely, it is that impossible to imagine a union would to leave the scope of benefits” to employer It is agree fiat. impossible to “such too, that a union would to leave the scope of retiree healthcare to judicial imagine, agree assessment of what is and years or decades after that healthcare was (1) “reasonable” “sensible” by 30-plus years of labor, (2) in CBAs, and (3) at retirement. To borrow earned promised vested from Judge McKeague in courts may be of the climate” affecting Noe, “cognizant” “overall healthcare costs, but the absence of impossibility of performance, it is not the prerogative of “in the judiciary to rewrite contracts in order to rescue parties from improvident ‘their commitments.’” To borrow from Judge Clay in an employer chooses to vest benefits, Moore, “if it renders those benefits unalterable.’” To reiterate what every judge, every lawyer, ‘forever every retiree, and every kindergartner knows: a promise is a promise.
to the contingencies of future negotiations.” More than unlikely, it is impossible to imagine that a union would agree to leave the scope of “such benefits” to employer fiat. It is impossible to imagine, too, that a union would agree to leave the scope of retiree healthcare to judicial assessment of what is “reasonable” and “sensible” years or decades after that healthcare was (1) earned by 30-plus years of labor, (2) promised in CBAs, and (3) vested at retirement. To borrow from Judge McKeague in Noe, courts may be “cognizant” of the “overall climate” affecting healthcare costs, but “in the absence of impossibility of performance, it is not the prerogative of the judiciary to rewrite contracts in order to rescue parties from ‘their improvident commitments.’” To borrow from Judge Clay in Moore, “if an employer chooses to vest benefits, it renders those benefits ‘forever unalterable.’” To reiterate what every judge, every lawyer, every retiree, and every kindergartner knows: a promise is a promise.
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