Thorpe police file unfair labor charge

The union covering Jim Thorpe Borough’s full-time police officers filed its second unfair labor practices charge in as many years against the municipality on Jan. 11.

According to the complaint filed by the Fraternal Order of Police, Schuylkill-Carbon Lodge No. 13, the borough unilaterally changed the officers’ health care benefits, effective Jan. 1, 2018.

“The health care benefit plan was changed and included, among other things, higher out-of-pocket limits,” the union wrote in its most recent complaint to the Pennsylvania Labor Relations Board.

The borough informed the union of a potential health care change on Dec. 7. Six days later, the union officially objected to the change because of the increased out-of-pocket costs.

According to the union, officers’ health care was also unilaterally changed at the beginning of 2017. Council voted to switch from Benecon, which provided a Highmark self-insured plan, to ETA Benefits.

The borough argued that the plan, brokered by Benecon, was not going to be available in 2017.

“The borough’s position is that the insurance provided to the union is better than what it previously had,” Borough Solicitor Jim Nanovic said. “Our second position is that health insurance is not like wages. Health insurance is locked in for a year and you can’t just open it up and change it whenever you want. There were going to be changes to the insurance plan the borough had going into 2017 and it decided to make a change. Insurance changes all the time. We have no control over that.”

According to union officials, the copay for a primary care physician under the old plan was $10, while it was $20 under the new, AffordaBlue, plan. Specialist visits also increased from $20 to $40 as did the copay for prescription drugs.

“The wife of an officer in the bargaining unit had been seeing a dermatologist in 2016 under the old plan, costing only $20 for a copay,” the union complaint states. “That dermatologist was not in network under the AffordaBlue plan, resulting in two bills from the dermatologist for $249 and $151. The same officer received a hospital bill for around $23,000 for the in-hospital delivery of his child because the manner in which the borough changed the health care plan resulted in a lapse of coverage.”

The Labor Relations Board found in favor of the union in an Aug. 13, 2017, proposed decision.

“The borough’s argument, that the Benecon brokered self-insured plan was not going to be available in 2017 does not excuse the borough from its obligation to bargain with the union to a mutually agreeable resolution,” hearing examiner Jack Marino wrote in his decision. “To accept the borough’s defense would excuse public employers from their bargaining obligations simply by identifying external causes for changes in financial or contractual conditions.”

Marino ordered the borough to “restore the status quo in effect as of Dec. 31, 2016, make whole any employees in the bargaining unit for out-of-pocket bills and expenses incurred as a result of the plan change, and pay 6 percent interest per year for all losses, expenses, bills, copays deductibles and out-of-pocket expenses incurred as a result of the plan change.”

Following the hearing examiner’s ruling on the unfair labor practices issue in 2017, the borough filed a statement of exceptions on Sept. 15. In January 2018, the labor relations board upheld the ruling and made it final. The borough has the option to appeal that decision as well.

Jim Thorpe police have been working without a contract since the previous collective bargaining agreement ended on Dec. 31, 2016.

The two sides went to an arbitration hearing in July and are awaiting a ruling.

“We’re optimistic that ruling should be coming soon,” Nanovic said. “That ruling may address the unfair labor practice charges so that’s something the borough is keeping an eye on moving forward.”