Supreme Court Rules Against COBA on Aetna Health Plan Injunction Class Action Grievance to Proceed

Dear COBA Members;

Last week, COBA filed a Class Action Grievance, along with an Order to Show Cause and a request for a Restraining Order against Nassau County in Supreme Court, seeking an Injunction (pending Arbitration) to stop them from forcing our members (those hired after 2014, and participating in the Aetna OAMC Health Plan) to contribute into the Aetna plan premium.

This contribution is due to the Aetna premium now exceeding 85% of the cost of the Empire Plan. We argued that the County never properly endeavored to provide a non contributory health plan to those affected members, in violation of the 2014 NIFA Contract Agreement. Now due to their failure to do so, those members are forced to pay a contribution for the excess over 85% of the cost of Empire as per that contract for the only plan currently available to them, other than Empire.

Due to COVID restrictions we had to wait since the end of last week to have our petition heard in Supreme Court. Late Tuesday December 29th, our case was heard by Supreme Court Judge Vito DeStefano who denied our request for a TRO (Temporary Restraining Order) while we await arbitration.

In the Court's opinion, there is no "irreparable harm" because if we are successful in Arbitration, any contributions made by our members into this Plan could be paid back to them. This is always a potential pitfall to any request for a restraining order, but if you don't fight you don't win.

Moving forward:

When we are not successful in obtaining a restraining order (which is our main objective in Court cases like this) it is then best to get our arguments and cases away from Judges and into the hands of an Arbitrator as soon as possible. This is because Arbitrators are much

more well versed in Contract Law and Collective Bargaining where Judges are not. The last thing any union wants is a Judge to issue some oddball ruling on the remainder of our requests for a permanent injunction and screw up our argument in Arbitration. If we're denied the Temporary Restraining Order, the chances of us getting a

permanent injunction from another Judge in the same matter is almost zero. Therefore, the object now is to get the matter to arbitration as quickly and cleanly as possible.

Therefore, in consultation with our attorney, we withdrew our request for any further injunctive relief and will now proceed directly to arbitration. This case will now most likely be put in front of an arbitrator in approximately 60 days. We are looking at March for the arbitration hearing, pending any delays by the County.

Unfortunately, the contributions for those in Aetna will commence as of January 1st, 2020.

Please be reminded that the County hired a health care consultant this past month that will work in conjunction with the County and all County Unions to identify a non contributory plan for our members.

This committee will meet as we move into the new year, but this will not be a quick process as we have to evaluate the best available plans for our members.

As you all know, the issue of health benefits is also a hot button topic in contract negotiations. We fully intend to be back at the table in full swing after the New Year where this issue will be front and center.

For now, we wish you a Happy and Healthy New Year!

Stay safe and healthy.

In Unity;

Brian Sullivan, COBA President