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 Albany, NY - CSEA, New York’s leading union, has won a $3.6 million class action lawsuit against Westchester County on behalf of 1,600 retired union members.
The union filed a suit in 2004 claiming the county unilaterally and illegally diminished the health insurance benefits of workers who retired between January 1993 and May 2004.
In May 2004, CSEA and the county concluded negotiations for a new contract, which included increased co-pays and deductibles for health insurance. CSEA and the union members who ratified the agreement understood that current employees and future retirees would have to pay the higher amounts. However, the county, on its own, decided to also apply the changes to workers who had already retired. While contracts between the parties prior to 1993 specifically stated that the agreed upon health insurance benefits were effective for the duration of the contract, such language was omitted from the two most recent agreements in effect between January 1993 and May 2004. CSEA argued that the intent of the omission was to create a vested lifetime benefit for workers who retired during the terms of those agreements.
In her decision, dated July 29, 2008, Westchester State Supreme Court Judge Joan Lefkowitz agreed with the union, ruling, “plaintiffs’ health insurance benefits in the prior collective bargaining agreements survived those agreements and may not be diminished without their consent.” “This is a huge victory for our retirees,” said CSEA Westchester County Unit President Jack McPhillips. “They are living on fixed incomes and never expected they would be forced to pay more for their health care.”
CSEA President Danny Donohue said the case highlighted the need for the retiree health insurance legislation (S.6457a) the union is backing. The bill, which the Senate and Assembly passed in the last legislative session, and awaits Gov. David Paterson’s signature, would prohibit public employers from shifting health care costs to retirees and prohibit them from diminishing health insurance benefits for one year while a study is completed to determine how to provide health insurance in the most cost-effective manner. “This is about doing what’s morally right and fair.” Donohue said. “It’s about making sure localities live up to their responsibility to retirees that their health care coverage will continue to be there as promised.”
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Way to go!!!! The Union finally won against the County of Westchester. Let's win a contract next for the CSEA9200 employees of Westchester County, who have been without one for almost 1000 days. 