Plaintiff had been CTA bus driver for 28 years. His last day of employment was 12/31/06, and he began his retirement on 1/1/07. As Plaintiff's last day of work was 12/31/06, the day the 2004 collective bargaining agreement (CBA) expired, he was not represented by the Union on 1/1/07. Thus, he has standing to challenge the reduction in his health care benefits under the 2017 CBA. As Retirement Plan Agreement explicitly excluded retired employees from its definition of an employee, as of 1/1/07, he was a retiree, not an employee. The Designation of Beneficiary form he signed in 1978 does not cause him to be bound by the 2007 CBA or by any amendments made after his employment ceased on 12/31/06. CTA has no obligation to provide Plaintiff his health care benefits, Plaintiff has no cause of action against CTA for breach of contract or for constitutional violation of Pension Code. (GORDON and REYES, concurring.)
Illinois Appellate Court
Civil Court
Collective Bargaining Agreements