Issues: Did the Examiner correctly conclude that the employer did not commit an unfair labor practice when it maintained its level of contribution to employee health benefits based upon the last terms and conditions in effect of the previously expired collective bargaining agreement?

The Commission affirms the Examiner’s Findings and Conclusions that the employer did not commit an unfair labor practice when it continued to pay employee health benefits at the 2004 level following the expiration of the parties’ collective bargaining agreement. The contractual language sets the status quo and, based upon this record, the employer maintained that status quo. Because the employer did not alter the status quo, the Examiner properly dismissed the union’s complaint.

For the full decision, click here.

By: Marilyn Glenn Sayan, Chairperson
Pamela G. Bradburn, Commissioner
Douglas G. Mooney, Commissioner
April 23, 2008

Michael R. McCarthy, for the union.
Greg A. Rubstello, for the employer.

Case 19391-U-05-4923

ERC/DDR