Decision 2045M – County of Sacramento
SA-CE-505-M
Decision Date: June 30, 2009
Decision Type: PERB Decision
Description: Charging Party alleged that the County unilaterally changed the eligibility criteria for current employees-future retirees’ participation in the Retiree Health Insurance Program/Retiree Medical and Dental Insurance Program by discontinuing subsidies for medical and dental insurance for employees retiring after June 1, 2007, in violation of the MMBA.
Disposition: The Board adopted the proposed decision of the ALJ which found that the County breached its duty to meet and confer in good faith and ordered the County to rescind the unilateral change and return to the status quo.
Perc Vol: 33
Perc Index: 127
Decision Headnotes
200.01000 – In General
Retirees are not protected by the MMBA as they are not persons employed by the public employer and an employer is not required to bargain over their health insurance benefits. Current employees, however, do have bargaining rights protected by the MMBA and the employer is required to bargain over health benefits.
200.05000 – Other Excluded Employees
Retirees are not protected by the MMBA as they are not persons employed by the public employer.
602.01000 – In General
The Board found that the County unilaterally changed the eligibility criteria for current employees-future retirees’ participation in the Retiree Health Insurance Program/Retiree Medical and Dental Insurance Program by discontinuing subsidies for medical and dental insurance for employees retiring after June 1, 2007, in violation of the MMBA.
602.06000 – Change in Past Practice
Enforceable past practice because here, unlike in Courier-Journal (2004) 342 NRLB No. 113 where the contract language authorized the employer to make changes in health care premiums during the contract and the employer had a past practice for more than ten years of making such changes during the successive contracts and hiatus periods between contracts, the County had a 27-year past practice of awarding retiree health subsidies.
608.01000 – In General
A statement by an employer that it may unilaterally change a mandatory subject of bargaining did not establish a waiver by the union. Specifically, the County placed an annual reservation clause in its administrative policy for the plan.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
A statement by an employer that it may unilaterally change a mandatory subject of bargaining did not establish a waiver by the union. Specifically, the County placed an annual reservation clause in its administrative policy for the plan.
1000.02059 – Health Plans
Future retirement health benefits for current employees are within the scope of bargaining. The fact that the County made the change on June 5, effective June 1, did not change the prospective nature of the action because the change was prospective for all those employed on June 5 as well as those employed on June 1.
1000.02121 – Retirement
Future retirement health benefits for current employees are within the scope of bargaining. The fact that the County made the change on June 5, effective June 1, did not change the prospective nature of the action because the change was prospective for all those employed on June 5 as well as those employed on June 1.
1201.08000 – Other
Future retirement health benefits for current employees are within the scope of bargaining. The fact that the County made the change on June 5, effective June 1, did not change the prospective nature of the action because the change was prospective for all those employed on June 5 as well as those employed on June 1.
1205.01000 – In General
The County unilaterally implemented changes in eligibility to participate in the Retiree Health Insurance Program/Retiree Medical and Dental Insurance Program. Thus, the Board ordered the County to rescind the unilateral change and return to the status quo as it would have been had the policy not been implemented and to make whole all those impacted by the unilateral change.
1205.07000 – Restoration of Status Quo
The County unilaterally implemented changes in eligibility to participate in the Retiree Health Insurance Program/Retiree Medical and Dental Insurance Program. Thus, the Board ordered the County to rescind the unilateral change and return to the status quo as it would have been had the policy not been implemented and to make whole all those impacted by the unilateral change.