Waterfront Commission members use unusual process for arbitration victory MANHATTAN — CSEA members employed at the Waterfront Commission of New York Harbor, recently used an unusual provision to settle their contract using arbitration. The result was a major victory for the workers who have been working under an expired contract since 2012. “Compared to previous negotiations, it was very long because we never went into arbitration before,” said CSEA Waterfront Commission of New York Harbor Local President Linda Ann Smith. The arbitrator’s award means members will get sizeable retroactive salary and longevity increases dating back to 2012. “There was a lot of pain and suffering along the way, but I hope the members see that it was worth the fight,” said Smith, a senior clerk. “I know I do.” The 14 CSEA members employed by the commission, a joint New York-New Jersey entity that manages issues related to New York’s waterfronts, work in job titles that include communications specialist, mechanic, mailroom clerk, administration clerks, license examiners and principal clerk. “People were impatient after working without a contract for three years,” said Joel Schwartz, CSEA deputy director, Contract Administration. “But they really stood strong and stood together.” — David Galarza Waterfront Commission of New York Harbor Local members, from left, Catherine Teaman, Michael Kavanagh and Ronald Arthur are satisfied with the contract and arbitration award they fought long and hard to obtain. CSEA scores significant victories for retiree health insurance rights CSEA-represented retirees in two Western Region communities are getting some health insurance relief after successfully fighting back against their employers’ attempts to cut their retirement security. The union recently scored major victories in legal cases against the Niagara Falls School District and the City of Lockport, where the employers sought to cut health insurance benefits against retired workers. CSEA has been standing strong against employers’ efforts to cut the retirement benefits that the workers have earned — and that the employers have promised to them. Niagara Falls School District The State Supreme Court recently ruled the Niagara Falls School District illegally reduced retiree benefits when it moved them from their previous health plan into a more costly one. A 1994 state law prohibits school districts from diminishing retiree health insurance benefits unless benefits for current workers are also cut. Despite this law, in 2011, district officials changed the health plans for active and retired employees from a traditional Blue Cross/ Blue Shield plan to a preferred provider plan, claiming the coverage was the same under both plans. CSEA sued the district after a union review showed that while active employees did see a slight cost improvement under the new plan, it also saddled retirees with new or higher co-payments for office visits, prescriptions and other services. The court ordered the district to reimburse retirees for expenses they incurred under the new plan and to offer the former plan to them again. The school district’s appeal to the New York State Court of Appeals, the state’s highest court, was dismissed on June 9 and there is no further appeal. The school district should therefore be reimbursing retirees for their excessive out-of-pocket expenditures retroactively and implement a process for correcting the problem in the future. “Sadly, some employers will disregard the real impact on real people to cut costs” said CSEA President Danny Donohue. “CSEA’s responsibility is to keep the focus on doing what’s right for everyone.” City of Lockport The Lockport Common Council recently voted to pay nearly $90,000 to retired, CSEA-represented city workers to settle a lawsuit over Medicare Part B reimbursements. Medicare Part B, the federal program’s medical insurance component, is crucial to the overall retirement security of millions of Americans. CSEA retirees have fought this battle since 2010, when city officials agreed to pay the premium cost of Medicare Part B for retired CSEA members covered by the City of Lockport Unit. City officials soon failed to honor the agreement, and CSEA sued the city for failure to pay the premiums. The litigation, which ultimately included two lawsuits and an arbitration decision, was tentatively settled recently when the city council approved a tentative agreement to make retroactive payments in two batches, with the first one due in July and the second scheduled for March 2016. The City Council will begin paying the Medicare Part B premiums prospectively every month starting in July. “Our retirees have earned their benefits, and these benefits are their rights,” Donohue said. “The outcome of these cases should send a message to all public employers that our retirement security is our right, and we will fight for what we have earned. We need to continue to stand strong to ensure that all working people have a dignified, secure retirement.” — Janice Gavin July-August 2015 The Work Force 7
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