The Summary of NLRB decisions for the week of July 20 – 24, 2015, is now available.
Summarized Board Decisions
Oakland Physicians Medical Center, LLC d/b/a Doctors’ Hospital of Michigan (07-CA-120931; 362 NLRB No. 149) Pontiac, MI, July 22, 2015.
A Board majority consisting of Chairman Pearce and Member McFerran adopted the Administrative Law Judge’s findings that deferral to arbitration was inappropriate and that the Respondent violated Section 8(a)(5) and (1) of the Act by changing—without the Union’s consent—the employees’ health insurance benefits, including the premium co-shares the employees are required to pay, clarifying that the changes the Respondent made constituted mid-term contract modifications within the meaning of Section 8(d), thereby violating Section 8(a)(5) and (1) of the Act. With respect to the deferral question, the majority reasoned that the operative provision of the collective-bargaining agreement unambiguously stated that the Respondent could not alter the contractually-mandated premium co-share schedule and that the Union had to be given notice of any plan design amendments. The majority found deferral inappropriate because the applicable provision of the collective-bargaining agreement was unambiguous. The majority further found that the Respondent’s alteration of the premium co-share schedule and failure to provide the Union notice of plan design amendments constituted unlawful mid-term contract modifications.
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