Craig Serafino v. City of Hamtramck, Mich.

707 F. App'x 345
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 1, 2017
Docket16-2370
StatusUnpublished
Cited by16 cases

This text of 707 F. App'x 345 (Craig Serafino v. City of Hamtramck, Mich.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Craig Serafino v. City of Hamtramck, Mich., 707 F. App'x 345 (6th Cir. 2017).

Opinion

JULIA SMITH GIBBONS, Circuit Judge.

The state of Michigan appointed an emergency manager for the City of Ham-tramck (“the City”) because the City was facing a fiscal crisis. To shore up the City’s financial situation, the emergency manager, among other things, altered the health-insurance plans offered to plaintiffs, retired Hamtramck police officers and firefighters. Under the new plans, the City continued to pay the plaintiffs-retirees’ health-insurance premiums, but required greater deductibles and co-pays. Believing that these changes violated the promises contained in certain collective-bargaining agreements (“CBAs”), plaintiffs sued Hamtramck and Emergency Manager Cathy Square.

The district court dismissed plaintiffs’ breach-of-contract claims because it found that the relevant CBAs did not create a vested right to lifetime healthcare benefits. Because each of plaintiffs’ constitutional claims required some property interest, that finding resulted in the failure of all of plaintiffs’ constitutional claims as well. Plaintiffs appealed.

The district court was correct: the CBAs do not create a vested right to lifetime *347 healthcare benefits. From the four corners of the CBAs, there is no indication that the parties intended for retiree healthcare to vest for life; instead, each CBA contains a general-durational clause that explicitly limits the duration of plaintiffs’ rights under the contracts. We affirm.

I.

Plaintiffs claim that their contractual and constitutional rights were infringed when the City and Square took action to contain the City’s fiscal crisis. Some of these actions pertained to retiree healthcare under prior CBAs that plaintiffs allege created vested, lifetime rights to healthcare under specific terms.

A.

At issue in this appeal are three separate groups of plaintiffs: (1) police officers who retired under the Fraternal Order of Police (“FOP”) CBA; (2) police officers who retired under the Ranking Officers Association (“ROA”) CBA; and (3) firefighters who retired under the International Association of Firefighters (“IAF”) CBA, All retirees retired on or after July 1, 1986. The pertinent details of each CBA will be addressed in turn.

Fraternal Order of Police CBA. The City and the Hamtramck FOP have entered into a series of CBAs, dating back to at least the 1990s. Relevant here is the CBA effective as of July 1, 2007 (“2007 FOP CBA”). In Article VII, titled “Economic Matters,” that CBA provided the following related to plaintiff-retiree healthcare:

The City shall pay in full for the cost of medical, hospital, and surgical insurance (as more fully described in Section 7(a) [the provision for active employee healthcare insurance]) for employees and eligible members of employees’ families who retire on or after July 1, 1986 until that retired employee attains the age of sixty-five (66) or is eligible for Medicare or [M]edicaid.

DE 36-14, Page ID 1033, 1040. The insurance available to retirees was to mimic the healthcare insurance available to active employees. Active-employee healthcare insurance was contained in Article VII, § 7(a) of the 2007 FOP CBA, which provides:

The City shall provide fully paid medical, hospital and surgical insurance for all employees covered under this contract and eligible members of an employee’s family. The City shall provide continuous medical, hospital and surgical insurance coverage equivalent to or better than Michigan Blue Cross and Michigan Blue Shield MVFC-2 coverage with a Master Medical Plan supplemented together with the prescription drug rider.

Id. at 1037.

The 2007 FOP CBA did not extend indefinitely. Instead, it contained a general-durational clause, which' stated that the “agreement shall be effective as of the first day of July 1, 2007, and shall remain in full force and effect to and including the 30th day of June, 2011.” Id. at 1070. Article XXI also required the parties to begin negotiations for a new agreement no later than April 15, 2011. Another section governed the duration of the agreement in the event a new CBA was not entered into by June 30, stating:

In the event that negotiations extend beyond the 30th day of June, 2011, the terms and provisions of this Agreement shall remain in full force and effect pending agreement upon a new contract. Any additional benefits or increases in wages obtained as a result of negotiations after the expiration of this Agreement shall be retroactive to the 1st day of July, 2011.

*348 Id. It appears that the City and the FOP did not enter into a new agreement until July 1, 2014.

Ranking Officers Association CBA. The relevant ROA CBA was entered into on July 1, 2007. Its provisions for retiree healthcare differed materially from those contained in the 2007 FOP CBA. Specifically, Article VII, § 8 of the 2007 ROA CBA stated that “[t]he city shall pay in full for the cost of hospitalization for employees and their families for persons who retire on or after July 1, 1977 until that retired employee attains the age of sixty-five (65) or is eligible for Medicare or Medicaid.” DE 44-4, Page ID 1267 (emphasis added). For those employees who retired after July 1, 1990, the City promised to pay for the “full cost of supplemental insurance to Medicare, which is equivalent or superior to that offered by and through Blue Cross/Blue Shield of Michigan.” Id.

Similar to the 2007 FOP CBA, the 2007 ROA CBA contained a general-durational clause, which provided that “[tjhe duration of this contract, both as to economic and non-economic provisions!,] shall run from July 1, 2007 to June 30, 2011.” Id. at 1280. And, like the 2007 FOP CBA, the 2007 ROA CBA provided for the extension of the agreement until the parties entered into a new agreement. The ROA and the City reached a new agreement on July 1, 2014.

International Association of Firefighters CBA. The relevant IAF CBA was entered into on July 1, 2009. The retiree-healthcare provisions in the IAF CBA closely mirrored the 2007 FOP CBA, and provide, for those retirees who retire after July 1, 1986, that “[t]he City shall pay in full the cost of medical insurance [as described in § 6(a) ] and Master Medical insurance ... until that employee attains the age of sixty-five (65) or is eligible for Medicare or Medicaid.” DE 35-2, Page ID 564. Section 6(a) of the 2009 IAF CBA provided that:

The City shall provide fully paid medical and prescription drug insurance for all employees covered under this contract and eligible members of an employee’s family. The City shall provide continuous medical insurance coverage equivalent to, or better than, Michigan Blue Cross and Blue Shield MVF-2 coverage with a Master Medical Plan.

Id. at 562. In addition, for those employees retiring after July 1,1989, the City agreed to pay for the cost of a Medicare supplemental insurance plan “equivalent or superior to that offered through Blue Cross-Blue Shield of Michigan.” Id. at 564-65.

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707 F. App'x 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-serafino-v-city-of-hamtramck-mich-ca6-2017.