In an extremely disappointing decision, the arbitrator ruled against the Union in the sub CO medical arbitration case. The arbitrator determined that the “build-your-own plan” clause in Article 16 of the contract gave the Company the discretion to eliminate the 100% and 95% plans.
To say that we are extremely disappointed with the decision is an understatement. We are also extremely disappointed to have learned through the arbitration that the Company had an entirely different understanding than the Union over the meaning of the “build-your-own” clause when it was first negotiated. This difference of opinion on the meaning of the language should have been rectified then and there at the bargaining table rather than waiting for several years after the agreement was ratified to unilaterally change your medical coverage. Union Board member Bob Fisher expressed his deep dissatisfaction with the majority opinion by writing a dissenting opinion. Dissenting opinions are used sparingly and usually only when the majority opinion will or could have the effect of unfairly punishing or harming the membership. Brother Fisher recognized that the outcome will continue to harm the membership and also very clearly pointed out a major flaw in the majority’s opinion’s reasoning. Our frustration is made worse by the fact that there is no realistic chance to overturn it.
Negotiations over the health and welfare benefits have been contentious already. The rank and file committee firmly believes that to follow the direction of the other unions’ joint agreements regarding their choices on health and welfare benefits would be ill advised for our members. This decision will do absolutely nothing to further the discussion in a positive manner. In fact, this decision will further only the resolve of the committee to fix the health and welfare benefits so that this cannot happen again.
We urge you to take some time to review the efforts, research and testimony your Union has given to fight the carrier on what we believed, and still believe, was a unilateral change that violated the Collective Bargaining Agreement (CBA). The decision, transcripts, briefs and dissenting opinion will be available shortly on the Airline Division website and/or your Local sites, for all to review.
Download 2014-08-05CalMedArbTranscriptDay2