063639P.pdf   09/18/2007  International Assoc.  v.  Crown Cork & Seal
   U.S. Court of Appeals Case No:  06-3639
   District of Nebraska - Omaha   
   [PUBLISHED] [Bowman, Author, with Melloy and Gruender, Circuit
   Judges]
   Civil Case - ERISA. District court erred in analyzing arbitrability of
   health benefit dispute under 2002-2005 Master Agreement. This court
   analyzes the arbitrabililty in the first instance, as it involves matters of
   law. Because the retiree health benefits did not vest before the Master
   Agreements expired and did not survive the expiration of those
   agreements, the district court erred in granting summary judgment to the
   union and ordering arbitration of Crown's unilateral modification of the
   retiree health plan. Crown's declaratory judgment action under the Labor
   Management Relations Act is dismissed, as the law of the case
   conclusively determined that retiree benefits did not vest before the
   Master Agreement expired.