Unions vs City of Lake Worth Arbitrations

BEFORE THE FEDERAL MEDIATION AND CONCILIATION SERVICE
IN THE MATTER OF ARBITRATIONS BETWEEN:

The Lake Worth Public Employees Union, FMCS Case No: 10-00441-3
Arbitrator Phyllis Almenoff
City of Lake Worth, Florida,City/Employer. (Issue: Violation of CBA Article 24-(A))
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Local 359, Union/IBEW,
FMCS Case No: 10-53413-3
Arbitrator Marsha Murphy
City of Lake Worth, Florida,
(Issue: Violation of CBA Article XV, Section 15.03-(D))
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The Lake Worth Professional Managers and Supervisors Union/PMSA,
FMCS Case No: 10-00439-3
Arbitrator Martin Soll
City of Lake Worth, Florida,
(Issue: Violation of CBA Article 24-(A))
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OPINION AND AWARD

By agreement, the instant three arbitration matters were jointly heard by the undersigned arbitrators at the City’s corporate offices on November 8, 2010. At issue is whether during the term of the 2009-2010 fiscal year, as charged by PEU, IBEW and PMSA (the “Unions”), the City violated the below quoted contract sections of its collective bargaining agreements (“CBA”) with each Union which similarly require the City to furnish bargaining unit employees an actual no cost/no premium “HMO” health insurance plan. Following the hearing, comprehensive post hearing briefs were submitted to the undersigned arbitrators by the parties.

There is no dispute the City provided health insurance plans to each of the bargaining unit employees for the 2009-2010 fiscal year. However, after carefully reviewing the hearing record and the parties’ post hearing briefs, the arbitrators unanimously find and hold that during the 2009-2010 fiscal year, the City, as charged, violated each of its collective bargaining agreements with the Unions by not providing to each of the bargaining unit employees an actual no cost/no premium “HMO” health insurance plan. The instant grievances, accordingly, shall be sustained/awarded in favor of the Unions.

AWARD
Each of the grievances is sustained/awarded.

REMEDY
The parties shall jointly and forthwith agree upon and implement procedures to identify and make whole each of the bargaining unit employees who suffered monetary damages during the 2009-2010 fiscal year resulting from the City’s above stated contract violation(s).

The Arbitrators retain jurisdiction limited to resolving any disputes regarding paragraph one (1) immediately above. This opinion and award is otherwise final and binding.

Electronically signed and e-mailed to the parties this 24th day of January 2011.

Article 24-(A) of both the PEU and PMSA bargaining agreements with the City state in relevant part, “The City shall furnish HMO health insurance for all employees at no cost to the employee.” Article XV, Section 15.03 (D) of IBEW’s bargaining agreement with the City similarly states in relevant part, “The City will pay 100% of the employee’ modified individual group health insurance (HMO) premium.”