Negotiations Workshop

(1)

Negotiations Workshop

Presenter Contact

Collective Bargaining - Salaries... 2

Collective Bargaining - Powerpoint Medicare Part B Information...1

Insurance...7

Slides...11

D...22

Thursday, March 2021

18,

Presenter Contact Information

&

Candace J. Gomez, Esq.

Partner

Bond, Schoeneck King, PLLC Garden City, NY

(516) 267-6336 [email protected]

1010 Franklin Avenue, Suite 200

J. Esq.

Partner

Avenue, Suite NY

Emily Lucas,

Ingerman Smith, LLP

550 Mamaroneck 209

Harrison, 10528 914-777-1134

Partner Esq.

NY

Stephanie M. Roebuck, Keane & Beane, P.C.

445 Hamilton Avenue White Plains, 10601 (914) 946-4777

[email protected] Partner Esq.

&

(914) NY

David S. Shaw,

Shaw, Perelson May Lambert, LLP 115 Stevens Ave.

Valhalla 10595 741-9870

Partner Esq.

&

NY Melissa N. Knapp,

Thomas, Drohan, Waxman, Petigrow Mayle, LLP

2517 Route 52

Hopewell Junction, 12533 (845) 592-7000

Collective Bargaining

Salaries

(4)

Collective Bargaining Information

School District 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Ardsley UFSD 1.25% plus step 1% plus step 1% plus step

Bedford CSD

Teachers on New Schedule Receive

$1,350; Steps 6-18 on Old Schedule

increased by $750, and New Top Step

$1,350 Higher

Teachers on New Schedule Receive

$1,350; Steps 6-18 on Old Schedule

increased by $750, and Teachers on Top Step (19) Receive

$1,300

Teachers shall each return $375 of prevous raises to the District, if possible through non- taxable compensation Blind Brook-Rye UFSD 1.25% plus step 1.35% plus step

1.45%, plus $250, plus step

Brewster CSD

Step Only if Hired on/after 5/24/16; Off Schedule 1% Increase and New Top Step 1.1% Higher if Hired prior to 5/24/16

Step Only if Hired on/after 5/24/16; Off Schedule 1% Increase and New Top Step 1.1% Higher if Hired

prior to 5/24/16 1% plus step

Briarcliff Manor UFSD

Step plus salaries on the salary schedule will increase by $900, except step 19 which shall be at $1,200 greater than step 18.

Unit members who are on step 19 as of June 2018 shall receive the following off schdeule recurring salary payments: $800

Step plus salaries on the salary schedule will be increased by another $900. Unit members who are on step 19 as of June 2019, shall receive the following off schedule recurring salary payments: $800 Bronxville UFSD 0.75% plus step 0.5% plus step

Bryam Hills CSD

1.5% plus step, plus additional 0.5% added to Step 17, and new Step 18 that is 1%

higher than Step 17 1.75% plus step

Carmel CSD

Base salary will be determined by the prior year's base salary increased by CPI with a 1.0% floor and a 2.0% ceiling

Base salary will be determined by the prior year's base salary increased by CPI with a 1.0% floor and a 1.75% ceiling

Base salary will be determined by the prior year's base salary increased by CPI with a 1.0% floor

and a 1.75% ceiling 1% plus step

(5)

Collective Bargaining Information

School District 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023

Chappaqua CSD

All steps on the teachers’ salary schedules shall be increased by 1.3%.

Teachers who were employed in the District during the 2018/2019 school year shall receive additional salary for the 2019/2020 school year as an off- schedule, recurring salary increase in the amount of $1,100.

This amount shall be prorated for part-time teachers based upon their percentage of full- time employment.

Teachers who were employed in the District during the 2019/2020 school year shall receive additional salary for the 2020/2021 school year as an off- schedule, recurring salary increase in the amount of $1,100.

This amount shall be prorated for part-time teachers based upon their percentage of full- time employment.

The cumulative additional salary paid in 2020/2021 will recur annually in that amount for the remainder of those teachers’ careers.

Croton-Harmon UFSD 1.25% plus step

0.75% plus step; Add

$1,000 to Steps 16 and

above 0.85% plus step

Dobbs Ferry UFSD 1% plus step 1% plus step

Eastchester UFSD 0.75% plus step 0.75% plus step 0.75% plus step

Edgemont UFSD

Teachers hired pre 7/1/17 receive $1,000, if on top step $2,000;

teachers hired 7/1/17 15/16 salaries and step only

Teachers hired pre 7/1/17 $1,500 plus step; teachers hired 7/1/17 or after 15/16 salaries, $1,500 plus step

Elmsford UFSD 1% plus step

New Salary Schedule;

1% plus step 1% plus step 1.3% plus step 1.3% plus step

Garrison UFSD

1% plus step; Teachers on Top Step Receive Additional Off- Schedule Payment of

$1,000

Greenburgh CSD 1.25% plus step 1.25% plus step 1.25% plus step

Greenburgh North Castle UFSD1% plus step 1% plus step

COLA if allowed by rate setting-non recurring 1(X)

(6)

Collective Bargaining Information

School District 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Haldane CSD 1.5% plus Step 1.5% plus step 1.0% plus step

Harrison CSD

0.5% plus step; $700 off-schedule payment to all unit members

1.85% increase(steps 1-17); 2.25% (step 18)

1.25%-1.85% (steps 1- 18) (actual percentage based on CPI, which refers to the CPI figure used to determine the tax levy limit for school district budgets pursuant to Education Law 2023-a

Hastings-on-Hudson UFSD1.75% plus step 1.75% plus step 2% plus step

Hawthorne Cedar Knolls UFSD.5% increase plus step .5% increase plus step .5% increase plus step Hendrick Hudson CSD

0.5% plus step; New top step 1.25% Higher

Irvington UFSD New Salary Schedule 1% plus step 0.75% plus step 0.75% plus step Katonah-Lewisboro UFSD1.5% plus step 1.75% plus step

Lakeland CSD 1.9% plus step 1.9% plus step 1.9% plus step

Mahopac CSD

New Schedule for New Employees; 1.25% on Old Schedule; New Top Step $750 Higher

1.25% plus step; New Top Step on Both Schedules $500 Higher

1.25% plus step; New Top Step on Both Schedule $750 Higher

Mamaroneck UFSD New Salary Schedule

0.25% plus step; non- recurring $1,000 payment

Mount Pleasant Blythedale UFSD

2% (career increments for staff beyond the salary scale: 1-8 years beyond = Base + 2.5%

/ 9+ years beyond = Base + 2.25%)

Mount Pleasant CSD 1% plus step New Salary Schedule 2% plus step 1.9% plus step Mount Vernon CSD

New Rochelle CSD 1.35% plus step 1.35% plus step

North Salem CSD 1.25% plus step 1.25% plus step 2.0% plus step Ossining UFSD 1% plus step 0.75% plus step 0.75% plus step

Peekskill CSD 1.1% plus step 2% plus step 1.5% plus step 1.25% plus step

(7)

Collective Bargaining Information

School District 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023

Pelham UFSD 1% plus step 1% plus step

Pleasantville UFSD 1.75% plus step

1% plus step (for those on top step, a new step 18 that is $1,800 greater than the value of step 17 on 6/30/19)

1% plus step (for those on top step, a new step 19 that is $1,800 greater than the value of step 18 on 6/30/20)

1% plus step (for those on top step, a new step 20 that is $1,800 greater than the value of step 19 on 6/30/21) Pocantico Hills CSD 1.5% plus step 1.5% plus step 1.25% plus step

Port Chester-Rye UFSD

Step Only, Bonus of 4%

New Salary Schedule;

Step Only Step Only Step Only Step Only

Putnam Valley CSD Step Only 1.9% plus step 1.4% plus step 1.1% plus step Putnam/Northern Westchester BOCES

Step, plus $750 non- recurring payment

Rye CSD New Salary Schedule

Step movement plus

$800 added to each step

Step movement plus

$800 added to each step

Step movement plus

$1,500 added to each step

Step movement plus

$1,500 added to each step

Rye Neck UFSD

0.85% plus step; New top step 1.5% higher

0.85% plus step; New

top step 1.5% higher 1% plus step

Scarsdale UFSD 1.3% plus step 1.2% plus step

$750 plus step, plus additional non- recurring $750 Somers CSD

0.2% plus step; New top step 1.9% higher

Southern Westchester BOCES1.5% plus step 1.5% plus step 1.5% plus step 1.5% plus step Tarrytown UFSD 1% plus step 1% plus step 1.25% plus step 1.25% plus step Tuckahoe UFSD 1% plus step 1% plus step

Valhalla UFSD 1.35% plus step 1.35% plus step 1.35% plus step

White Plains CSD 1% plus step

1.5% plus step; Top Step increased by additional $285

1.5% plus step; Top Step increased by additional $285 Yonkers Public Schools 2.5% plus step 2.5% plus step 3.5% plus step

Yorktown CSD

No increase, except that Step 20 shall be

increased by 0.75% 1% plus step 1% plus step

(8)

Collective Bargaining

Insurance

(9)

Insurance Collective Bargaining Information

School District 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Ardsley UFSD

17% for individual/2 person & family

17.50% for

individual/2 person &

family

18% for individual/2 person & family

Bedford CSD 16.25% 17% 17%

Blind Brook-Rye UFSD 25% 25% 25%

Brewster CSD

15% (pre-7/1/16) with

$1,400 I /$3,400 F cap; 20% (7/1/16 hires) with no cap

15% (pre-7/1/16) with

Briarcliff Manor UFSD

18% (post 12/1/14 hires); 16% (pre 12/1/14 hires)

Bronxville UFSD 19% 20%

Bryam Hills CSD

12% for

individual/17% for family

12% for

individual/17% for family

Carmel CSD 12% 13% 14% 15%

Chappaqua CSD 17% 17.50% 18%

Croton-Harmon UFSD 16.50% 17.00% 17.50%

Dobbs Ferry UFSD 17% 18%

Eastchester UFSD

11.9% (pre-7/1/17 hires); 12.9% (7/1/17 hires)

12.4% (pre-7/1/17 hires); 12.9% (7/1/17 hires)

12.9% (pre-7/1/17 hires); 12.9% (7/1/17 hires)

Edgemont UFSD 17% 17% 17%

Elmsford UFSD 18.50% 18.50% 18.50% 18.50% 18.50%

Garrison UFSD 13% 13.25% 13.50%

Greenburgh CSD

7.5% for individual or 10% if choose Oxford plan; 75% of the differnce in family and individual

7.5% for individual or 10% if choose Oxford plan;75% of the differnce in family and individual

Greenburgh North Castle UFSD 11% 13% 13%

Haldane CSD 14% 15% 15%

Harrison CSD 16% 17% 17% 17% 17%

Hastings-on-Hudson UFSD 16.50% 16.50% 16.50%

(10)

Insurance Collective Bargaining Information

Hawthorne Cedar Knolls UFSD

5% (pre 7/1/16 hires) 10% (post 7/1/16 hires)

7.5% (pre 7/1/16 hires). 10% (post 7/1/16 hires)

9% (pre 7/1/16 hires) 10% (post 7/1/16 hires)

Hendrick Hudson CSD 15%

Irvington UFSD 15.50% 15.50% 16% 16%

Katonah-Lewisboro UFSD 16% 17%

Lakeland CSD

15% (pre-11/1/13 hires) 20% (post 11/1/13 hires)

15% (pre-11/1/13 hires) 20% (post 11/1/13hires)

15% (pre-11/1/13 hires) 20% (post 11/1/13 hires)

Mahopac CSD 16% 16% 17%

Mamaroneck UFSD 8% for Plan, 0% for Rx 10% for Plan & Rx 12% for Plan & Rx 14% for Plan & Rx 15% for Plan & Rx

Mount Pleasant Blythedale UFSD

5 % (post 6/30/12 hires); 10% (post 6/30/15 hires); 15%

(post 6/30/16 hires)

Mount Pleasant CSD 14.50% 15% 16%

Mount Vernon CSD

New Rochelle CSD 15% 15%

North Salem CSD 16.50% 17% 17%

Ossining UFSD 14% 14.50% 15%

Peekskill CSD

15% plus $150 for Ind.

Or $300 for Fam.

15% plus $150 for Ind.

Or $300 for Fam. 16%

Pelham UFSD 14% 15%

Pleasantville UFSD 17% 13% 14% 15%

Pocantico Hills CSD 16% 17%

Port Chester-Rye UFSD 15% 16% 16% 16% 16%

Putnam Valley CSD 14% 14% 14.50% 15%

Putnam/Northern Westchester BOCES 14.50% 15% 16%

Rye CSD 15% 15% 15% 15% 16%

Rye Neck UFSD 14.50% 14.50% 15%

Scarsdale UFSD 8% 8.50% 9%

(11)

Insurance Collective Bargaining Information

Somers CSD

3.75% (Pre-7/1/91 Hires); 13.75% (Post 7/1/91 Hires)

4.25% (Pre-7/1/91 Hires); 14.25% (Post 7/1/91 Hires)

Southern Westchester BOCES 11% 12% 14% 15%

Tarrytown UFSD 16% 16% 16.25% 16.50%

Tuckahoe UFSD 19% 20%

Valhalla UFSD 15% 15% 15%

White Plains CSD 14.25% 14.50% 14.75% 15%

Yonkers Public Schools

$800 Ind./$1,600 Fam. (Pre-12/31/16 Hires); 10% Ind./15%

Fam. (Post 12/31/16 Hires)

$900 Ind./$1,800 Fam. (Pre-12/31/16 Hires); 10% Ind./15%

$1,000 Ind./$2,000 Fam. (Pre-12/31/16 Hires); 10% Ind./15%

Yorktown CSD

12.25% (if cost of H.M.O > cost of Plan, teacher pays difference)

13% (if cost of H.M.O

> cost of Plan, teacher pays difference)

(12)

Powerpoint

Slides

(13)

3/16/21

WESTCHESTER PUTNAM SCHOOL BOARD ASSOCIATION

NEGOTATING IN A PANDEMIC YEAR

PRESENTED BY

David S. Shaw, Esq., Emily Lucas, Esq.

Shaw, Perelson, May& Lambert, LLP Ingerman Smith, LLP March 18, 2021

1

Subjects of Bargaining Regarding Remote Learning & Reopening Schools

What must be negotiated?

Under the Taylor Law there are three types of subjects of negotiations:

Mandatory Subjects - wages, hours and other terms and conditions of employment that, on balance, are more important to public employees’ work rights than to the mission of the public employer. ( New Rochelle CSD , 4 PERB ¶ 3060 [1974] &

Yorktown CSD , 7 PERB ¶3030 [1971])

2

(14)

3/16/21

Subjects of Bargaining Regarding Remote Learning & Reopening Schools (cont’d)

Non-Mandatory Subjects – matters that are inherently and fundamentally matters of policy making that are related to the primary mission of the employer as determined by PERB or the Courts, that may, but need not be, negotiated.

(Bd. of Educ. [City of New York] v. PERB, 75 NY2d 660 [1990] )

3

Subjects of Bargaining Regarding Remote Learning & Reopening Schools (cont’d

Prohibited Subjects of Bargaining – where statute or public policy leaves no discretion to negotiate a matter. ( Cohoes CSD v. Teachers Assn. 40 NY2d 774 [1978])

Conversion of a Subject of Bargaining – a non-mandatory subject of negotiations that has been agreed upon and placed in a collective bargaining agreement becomes converted into mandatory status. ( Greenburgh No. 11 UFSD, 32 PERB ¶3024 [1999] )

4

(15)

3/16/21

Implications of Negotiability Status

If a subject of negotiations is non-mandatory and has not been converted into mandatory status by being included within a collective bargaining agreement (“CBA”), the District may unilaterally change how that subject will be implemented.

If a subject is covered within the terms of a CBA it may only be changed by reaching agreement ( Civil Service Law §209- a.1[e]) or if strong public policy permits unilateral change by the District. ( Bd. of Educ. v. Areman, 41 NY2d 527 [1977])

5

Unilateral Change of a Non-Contractual Mandatory Subject of Negotiations

If a subject of bargaining is mandatory and not contained within a CBA the District may change the status quo after negotiating the subject in good faith to true impasse and by continuing to negotiate after the unilateral change has been made. The District must have a compelling reason to make the change at that time (e.g. program implementation) – not just to save money. (W appingers CSD 5 PERB ¶3074 [1972])

6

(16)

3/16/21

Remote Learning and the Duty to Bargain

Analysis of components of Remote Learning including the Hybrid Model:

Number of classes instructed – Non-mandatory subject to District discretion, unless converted to mandatory status through a CBA provision. ( Greece CSD 22 PERB ¶3005 [2000])

Method of Instruction – Non-mandatory (e.g. synchronous, asynchronous, chat rooms, office hours, etc.) ( Somers CSD, 9 PERB ¶3014 [1976])

Waverly CSD, 10 PERB ¶3103 (1977) – Inherent job functions

7

Remote Learning and the Duty to Bargain (cont’d)

Is there as duty to negotiate the implementation of a wholly remote or hybrid distance learning plan”?

Answer: No. Beginning with Executive Order 202.2 the Governor mandated distance learning last March making it a prohibited subject of bargaining.

( Bd. of Educ. [City of New York] v. PERB, 75 N.Y.2d 660 [1990]).

This executive order called upon SED to establish guidance regarding the requisites of distance learning. SED has described the methods of delivering instruction to local school districts and BOCES including live synchronous video and asynchronous video. These methods are non- mandatory subjects of bargaining. ( See Somers CSD , supra)

8

(17)

3/16/21

Remote Learning and the Duty to Bargain (cont’d)

Is Instructing from home a mandatory subject of bargaining?

While there is no PERB or court decision directly on point regarding the implementation of distance learning classes from home, the determination to have work performed from off- campus locations was determined to be a non-mandatory subject of negotiations. ( Orange County Community College, 9 PERB ¶3068 [1976])

The alternative to instructing from home is instructing from a school building.

9

Remote Learning and the Duty to Bargain (cont’d)

Health and Safety Issues

Mandates Imposed by Executive Orders and State and County Departments of Health – Prohibited subjects of bargaining (i.e. wearing masks, social distancing/minimum distance, hand sanitizer, etc.)

Personal Protective Equipment - Mandatory subject of bargaining to the extent that demand exceeds required protective equipment. ( City of Albany, 7 PERB ¶3078 [1974] & County of Nassau [Police Dept.], 31 PERB

¶3064 [1998])

Health and Safety Committees – Mandatory subject of bargaining. ( White Plains PBA, 9 PERB ¶3007 [1976])

10

(18)

3/16/21

Remote Learning and the Duty to Bargain (cont’d)

n

Class Size – Non-mandatory, unless converted through a CBA provision. ( West Irondequoit C.S.D., 35 N.Y.2d 46 [1975])

n

Staffing – Non-mandatory, unless converted through a CBA provision. ( Rye Police Assn. , 17 PERB ¶4645 [1984])

n

Staff Training – Mandatory subject of bargaining. ( Dobbs Ferry Police Assn., 22 PERB ¶3039 [1989])

n

Equipment – Non-mandatory subject in terms of equipment used to perform service, but a mandatory subject when it relates to employee comfort. ( Auburn Teachers Assn., 13 PERB ¶4614 [1980])

11

Remote Learning and the Duty to Bargain (cont’d)

n

Contracting-Out for Instruction – Non-mandatory if through a BOCES CoSer Agreement, otherwise a mandatory subject of negotiations. ( Webster CSD v.

PERB, 75 NY2d 619 [1990]). In all other cases – a mandatory subject. ( Manhasset CSD, 41 PERB ¶3005 [2000])

12

(19)

3/16/21

Remote Learning and the Duty to Bargain (cont’d)

Tools for Flexibility Effectuating Change

n

Sunset Clause – allows for the right to revert to the previous status quo when an agreement is reached regarding a mandatory or non-mandatory subject of negotiations.

( Waterford Teachers’ Assn., 27 PERB ¶3070 [1994])

n

Management Rights Clause – allows for unilateral changes regarding subjects of bargaining not covered in the CBA if specific in granting such rights. ( Garden City UFSD, 27 PERB

¶3029 [1994])

13

Remote Learning and the Duty to Bargain (cont’d)

v

Evaluation – Mandatory subject of bargaining, subject to Ed. Law

§3012-d and Regents Rules Part 30-2 & 30-3 for classroom teachers and building principals, Commissioner’s Regulation §100.2(o) for other teachers and PERB Decisional Law for other unionized employees. ( Somers CSD, 9 PERB ¶ 3014 [1976] & Ellwood UFSD, 10 PERB ¶ 3107 [1977])

v

Use of Live Streaming Video for APPR Evaluation? – Non-mandatory:

Observing synchronously delivered instruction in a remote learning setting can fit within the definition of a “live” observation so long as you are not using pre-recorded videos that are reviewed after the fact. ( SED Correspondence)

14

(20)

3/16/21

Remote Learning and the Duty to Bargain

Teacher Responsibilities:

Exporting Lessons via live streaming - a non- mandatory subject of bargaining

Restricting Tape Recording of Classes – a non- mandatory subject of bargaining

Ownership of Recorded Lessons – a non-mandatory subject of bargaining and the property of the

employer. ( See Shaul v. Cherry Valley-Springfield CSD , 363 F3d 177[1981])

( Shaul Case [2d Cir. 1981])

15

Return to Buildings Negotiations Issues

Temperature checks

May employees be required to submit to non-contact temperature checks?

Answer: Assumptive non-mandatory subject and not violative of the 4

^th

Amendment.

[Note: EEOC does not consider temperature checks or COVID-19 symptom health status questioning to violate the ADA]

16

(21)

3/16/21

Return to Buildings Negotiations Issues (cont’d)

May Teachers be required to perform student temperature checks?

Answer. Taking student temperature is not an inherent part of a teacher’s job and may not be required of teachers, absent a negotiated agreement. Nurses and health aides are personnel expected to

perform this function. ( Waverly CSD, 10 PERB

¶3203 [1977])

17

Impact Bargaining – Reopening the Schools

The Duty to Impact Bargain when exercising a management prerogative:

v

Duty to go to the bargaining table to listen for impact (New Rochelle CSD 4 PERB ¶3060) – If agreement isn’t reached the parties are subject to mediation and fact-finding, even on a single issue in dispute.

v

Extra work under the Hybrid Model – response through added prep time. Extra time during asynchronous days.

18

(22)

3/16/21

The End

QUESTIONS?

19

(23)

Medicare

Part B D

(24)

COLLECTIVE BARGAINING ISSUES RELATED TO RETIREES Prepared by

David S. Shaw, Esq

In addition to focusing on negotiations regarding the health insurance premium share to be paid by employees, school districts would be wise to concentrate on those to be paid by retirees.

Through state legislation first enacted in 1994 and made permanent in 2009, referred to as the Moratorium Act,

¹

school districts became restricted in their ability to change health insurance premium contribution rates and benefits regarding retirees who had been employed in positions covered by collective bargaining agreements. As a result of this law, in order to change either the premium rate of contribution or the extent of benefits for those retirees, there would need to be a contemporaneous corresponding change in the collective bargaining agreement covering current employees in the bargaining unit in which the retirees served when actively employed.

²

The Moratorium Act also applies to negotiated changes with respect to Medicare premium reimbursement payments that emerged as an issue when the federal government introduced a tiered system

³

for charging retirees aged 65 or greater for Medicare Part B premiums in 2002 and Medicare Part D premiums in 2011.

⁴

School districts participating in the NYSHIP Plan typically follow the New York State statute and regulations applicable to state retirees covered by that plan in reimbursing those retirees who are Medicare eligible based upon the incomes at the applicable IRMAA Tiers. (See rate charts for Medicare Part B and Part D, attached.) For school districts participating in health insurance consortiums, there are no guiding laws or regulations indicating a need to reimburse payments made based upon the IRMAA income tier applicable to each eligible retiree. School districts that participate in the NYSHIP Plan may negotiate on the same basis as other school districts to discontinue payment at the higher IRMAA tiers by negotiating that change as part of a successor collective bargaining agreement.

⁵

1 Chapter 43 L. 2008.

2 Chenango Forks C.S.D. v. New York State PERB, 22 N.Y.3d 255 (2013).

3 Income-Related Monthly Adjustment Amount (“IRMAA”)

4Medicare premiums are charged for Medicare Part B (doctors and out-patient visits) and for Part D (prescription drugs).

5 Bd. of Educ. Huntington v. Teachers, 30 N.Y.2d 122 (1972).

(25)

The terms in a collective bargaining agreement that are specific to retiree health insurance rights and Medicare premium contributions in place at the time of retirement will preempt a school district’s ability to change retiree benefits, which are then considered by the courts to be vested for life, notwithstanding the fact that changes are made through collective bargaining agreements negotiated after their retirements.

⁶

Careful use of language in negotiating health insurance provisions may affect the outcome in arbitration and court proceedings regarding a determination of the rights of the parties. If the contract language is specific to health insurance costs under the school district’s health insurance plan, a claim that it applies to Medicare reimbursement is unlikely to succeed.

⁷

However, if the contract provision calls for the school district to pay for all health costs, retirees may expect that such terms would cover both costs under the school district’s health plan and Medicare costs.

⁸

In summary, a review of collective bargaining provisions covering retiree health insurance premium costs, benefits and Medicare Part B and D reimbursement payments should be part of preparation for collective bargaining. School districts should avoid contract language that will establish lifetime benefits and unchangeable cost obligations.

6 Kolbe v. Tibbetts, 22 N.Y.2d 334 (2013).

7 Ossining Teachers Assoc. & Ossining UFSD, AAA Case No 13 390 011 7913 (D. Campagna 2013).

8 Bedford CSD v. Teachers Assn., AAA Case No.13 300 02351(R. Douglas 2012).

(26)

Negotiations Workshop