Arbitrator: MESSA Cannot Unilaterally Change Medical Benefit Coverage Year

In a case handled by Thrun Law Firm, an arbitrator recently found that
the Bay City Education Associa­tion’s attempt to unilaterally change its
medical benefit coverage year from July 1 to January 1 violated the col­lective
bargaining agreement. Bay City Education
Association MEA/NEA and Bay City Public Schools
, AAA 01-18-0001-8403. As
many school officials are aware, MESSA changed its plan year from a July 1 to
June 30 cycle to a calendar year after freezing rates for an 18-month span from
July 1, 2017 to December 31, 2018.

Since the Publicly Funded Health Insurance Contribution Act was enacted
in 2011, Bay City Public Schools based its health care cost contributions on
the “hard caps” set annually by the Michigan Department of Treasury. The board
and the union previously imple­mented a July 1 to June 30 coverage year.
Importantly, the district used this coverage year period to calculate its
health care contributions and to ensure that its con­tributions were within the
annual hard cap amounts.

When MESSA made the March 2017 announcement, the board and association
were negoti­ating a successor agreement. After MESSA’s announce­ment, neither
the board nor the union changed their table positions or offered any proposals
that reflected a change in the coverage year. The parties soon reached a
tentative agreement. The board continued to apply July 1 to June 30 as the
coverage year to calculate the hard cap and raised the hard cap rates in July

In January 2018, the union insisted that the board adopt MESSA’s new
calendar plan year and increase its hard cap rates as of January 1, 2018. The
board asserted that the parties had never negotiated a change in the coverage
year and continued to apply the July 1 to June 30 timeframe following
established past practice. The union filed a grievance and subsequently
advanced the grievance to arbitration.

The arbitrator found that terms of all collective bargaining
agreements between the parties operated from July 1 through June 30 for the
purposes of calcu­lating the board’s contribution under the hard cap. The union
did not present its position on MESSA’s plan year change. The parties also
never discussed or agreed on the impact of MESSA’s plan year change, whether
the coverage year would change and when, or the effect that the change would
have on the board’s contributions as of January 2018.

The arbitrator rejected the union’s argument that the board was bound
by the plan year set by MESSA if it contracted for MESSA health insurance. The
arbitra­tor found that MESSA could not set aside the previously negotiated July
1 to June 30 coverage year and replace it with January 1 through December 31.
Simply put, MESSA did not have the “power to unilaterally change the terms of
the Collective Bargaining Agreement of the parties in any way.” Rather, the
parties had to negotiate that change.

This decision is an important reminder that districts and unions must
negotiate bargaining sub­jects, including health insurance benefits and neither
party, nor a third party, may unilaterally change those terms.

Of particular significance in the decision, the board’s bargaining notes made
no reference to MESSA’s plan year change. Keeping good notes during negotia­tions
is important. Good notes will help school officials identify what topics were
discussed when looking back at negotiations that took place months or years