Office & Professional Employees International Union, Local 494 v. International Union, United Automobile, Aerospace and Agricultural Implement Workers

311 F.R.D. 447, 93 Fed. R. Serv. 3d 262, 2015 U.S. Dist. LEXIS 150697
CourtDistrict Court, E.D. Michigan
DecidedNovember 6, 2015
DocketCase No. 2:14-cv-14868-DPH-EAS
StatusPublished
Cited by1 cases

This text of 311 F.R.D. 447 (Office & Professional Employees International Union, Local 494 v. International Union, United Automobile, Aerospace and Agricultural Implement Workers) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Office & Professional Employees International Union, Local 494 v. International Union, United Automobile, Aerospace and Agricultural Implement Workers, 311 F.R.D. 447, 93 Fed. R. Serv. 3d 262, 2015 U.S. Dist. LEXIS 150697 (E.D. Mich. 2015).

Opinion

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

Denise Page Hood, United States District Judge

This matter is before the Court on the parties’ motion for final approval of a class action settlement resolving plaintiffs’ complaint filed on December 22, 2014. Based on the facts and conclusions stated herein, the Court GRANTS the motion, and orders as follows:1

I. FINDINGS OF FACT

A. The Parties and the UAW Retiree Health Benefits Programs

1. Defendant United Automobile, Aerospace and Agricultural Implement Workers of America (“UAW”) is a labor union that represents employees in collective bargaining with their employers. (Supplemental Declaration of Joseph Stackpoole (Doc. # 33) ¶ 3.)

2. A of the end of 2014, the UAW had approximately 403,466 active members. This membership total constitutes a sharp decline from the UAW peak membership total of 1,530,870 in 1969. (Id.)

3. The UAW employs approximately 717 active staff employees, approximately 580 of whom are represented by a union, including [450]*450Plaintiff Office and Professional Employees International Union, Local 494 (“OPEIU”); Plaintiff Staff Council of International Representatives (“Staff Council”); International Union, Security, Police and Fire Professionals of America Amalgamated Local 119 (“SPFPA”); Staff Lawyers Union (“SLU”); and Newspaper Guild/ Communications Workers of America Local 34022 (“Guild”) (collectively the “Unions”). (Id. ¶ 4.)

4. For employees who were hired before specified dates in 2008 and who satisfy the age and service eligibility criteria specified in its Staff Manual and applicable collective bargaining agreements, the UAW provides retiree health care benefits as set out therein. (Id. ¶¶ 5-7 and Exs. A, B thereto.) The UAW provides retiree health care benefits to approximately 2,000 retirees and surviving spouses, and more than 400 active or inactive UAW employees (as well as their spouses or dependents) could become eligible for retiree health care benefits under the UAW program in the future. (Id. ¶ 10.)

5. In addition to paying the current costs of its retiree health care benefits program, in 2007 the UAW established and began contributing to an internal trust — the UAW Retiree Health and Welfare Benefits Trust (“UAW Retiree Trust”) — to fund in part the future costs of the retiree health care program. (Id ¶ 11.)

6. The Retiree Medical Benefits described in the Staff Manual, and the eligibility criteria stated in the Manual, were adopted through collective bargaining between the UAW and Staff Council. Except as indicated in paragraph 7 of these findings (and except for certain variations due to the differing effective dates under the various agreements), the same arrangements have been adopted for members of the other Unions that represent UAW employees, and the UAW has applied those same terms to its officers, directors and other UAW employees not represented by one of the Unions. (Id ¶ 8.)

7. Prior to 2008, all of the UAWs active employees and retirees were provided substantially the same retiree health care benefits, subject to the specific eligibility requirements applicable to each group of employees and retirees and some minor variations in benefits. The 2010 collective bargaining settlement between the UAW and Staff Council provided for certain changes in retiree health care benefits — including some benefit reductions and new cost sharing — generally applicable for employees retiring after January 1, 2010 (the “2010 Benefit Modifications”). (Id ¶ 9; Ex. A to Initial Declaration of Joseph Stackpoole (Doc. # 10-6) at A-22-23 and J-l-2.) Except for certain variations as to effective dates, these changes also were adopted for all other UAW employees, either in collective bargaining or by application to UAW staff employees not covered by collective bargaining agreements. (Id.)

8. In the 2012 collective bargaining settlement, the UAW and Staff Council adopted, effective August 1, 2013, certain improvements in retiree health care benefits for Staff Council employees who had retired after January 1, 2010 or would retire in the future and who had at least 15 years of service credit (or 20 years for certain benefits) (the “2012 Benefit Modifications”). (Supp. Stackpoole Deck ¶ 9; Ex. B to Initial Stackpoole Deck at 3-4.) The 2012 Benefit Modifications also were made applicable to members of the UAW staff represented by the Guild and the SLU, and to unrepresented staff employees. (Supp. Stackpoole Deck ¶ 9) The 2012 Benefit Modifications were not adopted for employees represented by OPEIU and SPFPA. (Id)

B. The Dispute Concerning the 2013 Benefit Modifications

9. In 2013, the UAW made modifications to the prescription drug, dental and major medical benefits provided to retirees and surviving spouses (the “2013 Benefit Modifications”), and also made those changes applicable in retirement to UAW active employees who could be eligible for retirement benefits in the future. (Id ¶ 12; Ex. C to Initial Stackpoole Deck) These changes were designed to reduce the UAWs costs without a substantial impact on benefits, and also to make certain improvements in retiree benefits. (Id) The principal changes consisted of (i) inclusion of certain prescription drug utilization tools, (ii) new incentives for the use of generic drugs over brand name drugs, [451]*451and (in) reductions in the percentage of costs borne by the UAW for dental providers outside an established PPO network. (Ex. C.)

10. Both the OPEIU and the Staff Council objected to the 2013 Benefit Modifications and subsequently filed group and policy grievances alleging that the changes — which, as to current retirees and their surviving spouses, had been made without agreement by those unions — violated their collective bargaining agreements with the UAW. (Supp. Stackpoole Decl. ¶¶12-13, and Exs. D and E to Initial Stackpoole Deck) The UAW responded that the benefit modifications were permissible and that the dispute was not subject to arbitration. (Exs. D, E.)

11. Shortly after the announcement of the 2013 Benefit Modifications, the UAW, Staff Council, and OPEIU entered into substantive discussions regarding a possible settlement that would involve a restructuring of the UAWs retiree health care plans and programs through the creation of a voluntary employees’ beneficiary association trust (“VEBA”) funded by the UAW and administered by a committee with independent authority. (Supp. Stackpoole Deck ¶ 14.) The concept of a retiree health care VEBA was familiar to the parties, because the UAW had over past decades negotiated numerous retiree health care VEBAs with employers of its members, including the largest such VEBA, the UAW Retiree Medical Benefits Trust, which provides retiree health care benefits for retirees of General Motors, Ford Motor Company and Chrysler. (Id.)

12. In its notice of the 2013 Benefit Modifications, the UAW Executive Board had stated that “the combination of health care inflation, a growing number of retirees, and declining membership [had] resulted in health insurance becoming one of the UAWs largest expenses.” (Ex. C to Initial Stackpoole Deck) The discussions regarding the dispute therefore focused on the funding necessary to preserve the retiree health care benefits and the risk to retirees if those benefits remained largely unfunded. (Supp. Stackpoole Deck ¶ 14.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
311 F.R.D. 447, 93 Fed. R. Serv. 3d 262, 2015 U.S. Dist. LEXIS 150697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-professional-employees-international-union-local-494-v-mied-2015.