Medical Disability Retirement


2010 DENIAL OF MEDICAL OR DISABILITY RETIREMENT LITIGATION

In May of 2010 Bob issued a Personnel Order which prevented employees from receiving post-retirement Medical Insurance when they retired with a Duty or Non-Duty pension.  AFSCME was the only union to challenge this immoral action.  AFSCME won the Unfair Labor Practice Charge at the Employment Relation Commission.  The county appealed to the Court of Appeals; the COA denied the appeal and held that the change in benefits was not a ULP and sent the case back to the parties for submission of the right to post-retirement medical benefits to be decided by an Arbitrator.  The COA issued its decision on October 9, 2014 and the county has eight weeks to file an application for leave to appeal to the Michigan Supreme Court or to start the arbitration process.  The decision of the Court of Appeals can be reviewed on this website under the heading of DECISIONS.  As this case develops, I will make additional postings.