In regards to the NLRB Charge filed for the Momentive's Unilateral Changes to our Pre-65 Retiree Health Care Plan we have reached a settlement agreement.
It is important to understand that per our discussions with the National Labor Relations Board, they would only be legallyauthorized to rule on the those members that retired under the 2013-2016 Collective Bargaining Agreement (CBA). That is why we made this settlement on those retirees only. There were approximately 100 members that fell into that category.
There are approximately another 65 members that retired prior to the 2013 CBA that were also effected by the Unilateral changes.
This agreement allowed us to not only reach a near full recovery for the 2013-2016 retirees but also continues our rights to pursue relief for those retired prior to the 2013 CBA via the already filed grievances which are in the arbitration demand stage of the CBA. We will also attempt to find a resolution during our current ongoing CBA negotiations.
The provisions of the settlement are;
1. The Company agrees to make payments on the following basis to Union represented Company employees who did/do retire prior to age 65 and during the period of June 17, 2013 to December 31, 2016 and who appropriately elected/elect Pre-65 retiree medical benefits under applicable plans (“Covered Employees”):
a. Covered Employees who elected/elect Single coverage will receive a stipend payment of $400.00 and Covered Employees who elected/elect Plus 1 coverage will receive a stipend payment of $800.00, which amounts will be deposited in a Health Reimbursement Account (“HRA”) for the benefit of such Covered Employees as soon as administratively feasible following full execution of this Settlement Agreement, such amounts to be thereafter available to such Covered Employees in accordance with applicable HRA rules and procedures; and
b. Upon presentation of appropriate documentation from CIGNA demonstrating that a Covered Employee experienced total out-of-pocket payments for covered health care for the period from January 1, 2016 to December 31, 2016, which exceed the maximum annual out-of-pocket payments in place for covered health care as of December 31, 2015 for such Covered Employee under the prior plan (which were $2000 for Single coverage and $4000 for Plus 1 coverage), the Covered Employee will be reimbursed directly by the Company for such excess amount, up to a maximum payment, net of the stipends mentioned in 1a above, of $975.00 for a Covered Employee who elected/elects Single coverage and $1,950.00 for a Covered Employee who elected/elects Plus 1 coverage. A
Covered Employee eligible for such payment must complete and submit to the Company an appropriate Internal Revenue Service withholding form in order to receive the payment.
Fraternally,
Dominick Patrignani
President
IUE-CWA Local 81359