Page 2 - Work Force November 2018

Photo of the Month
Federal court decides state
retiree health insurance lawsuit;
CSEA Port Washington Schools Unit President Ritchie Acevedo shows
he is a proud union member while marching with CSEA and other union members at the annual Pride in Port Washington parade, which is part of a day-long celebration of the Nassau County community. CSEA members have long played an active role in the event. (Photo by Wendi Bowie)
CSEA to appeal
Editor’s Note: The lawsuit discussed in this article affects ONLY New York State Executive Branch and Unified Court System retirees who retired between 1983 and 2011.
AU.S. District Court judge recently sided with the state in our class action lawsuit claiming the state illegally raised health insurance costs for retired New York state Executive Branch and Unified Court System employees.
CSEA plans to continue standing with our retiree members and appeal the decision to the United States Court of Appeals for the Second Circuit.
“We are disappointed in the court’s decision, but we are not ending our fight to find justice for
our affected retirees,” said CSEA President Danny Donohue. “We are determined to continue standing up for our members and all state retirees who have been financially harmed by these increases.”
In December 2011, CSEA and
a coalition of other unions filed
a federal lawsuit after the state increased the health insurance contribution percentage for state retirees who retired between 1983 and 2011, including thousands of CSEA members. Our union did not negotiate the health insurance increases.
Through our in-house Legal Department, which has been working on this case since its initial filing, our union has steadfastly sought justice for retirees in this case, as well as other instances in which former employers unilaterally raise health insurance rates or cut coverage.
The lawsuit claimed that the state violated the contracts that were in effect between CSEA and the state on the date when each retiree retired, as well as the Contracts Clause of the U.S. Constitution when the state raised the rates in 2011. The unions involved in the case argued that it is illegal for the state to increase costs for already retired members, and the increases were not negotiated.
In December 2017, CSEA filed a motion for summary judgment, a decision based on the merits of the case without going to a full trial, but there are no guarantees.
A federal judge denied our motion for summary judgment and granted the state’s motion for summary judgment dismissing the complaint. The court noted that the language
in the contracts was clear and unambiguous and that there is no language providing for a fixed level of premium contribution in retirement.
We are appealing because we believe the judge’s decision was incorrectly decided.
ALERT
CSEA President Danny Donohue to meet with Metropolitan, Long Island Region members
CSEA President Danny Donohue will visit the Metropolitan and
Long Island Regions to meet with our members.
Metropolitan: Donohue will visit the CSEA Metropolitan Region
on Wednesday, Nov. 14. The meetings will be held from 1 p.m. to 6:45 p.m. at the Metropolitan Region office, 125 Maiden Lane, 5th Floor in Manhattan. Please call the region office at (212) 406-2156 for an appointment and directions.
Long Island: Donohue will visit the CSEA Long Island Region on Wednesday, Dec. 5. The meetings will be held from 1 p.m. to 6:45 p.m. at the CSEA Long Island Region Office, 3 Garet Place, Commack. Please call the region office at (631) 462-0030 for an appointment and directions.
Sean Spillman, Rockland County Local delegate, passes away
2 The Work Force
November 2018
CSEA activist
Sean Spillman,
a delegate for
the Rockland
County Local and
member of the
Town of Ramapo
Unit executive
board, died Sept.
29 at Westchester
Medical Center as a result of a tragic pedestrian accident. He was 28.
Spillman, son of former longtime Rockland County Local President
Brian Spillman, died after he was
hit by a passing vehicle as he stood near a truck parked on a residential street in the Town of Ramapo. Brian Spillman was with his son at the time of the accident and sustained minor injuries.
The younger Spillman, an auto mechanic, worked nearly 10 years for the Town of Ramapo. He is survived by his parents, Brian and Margaret Spillman; sister, Briana; wife, Sarah; and two young children, Leah and Noah.