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The Lost Lifetime Guarantee
Whether longshore members and pensioners are guaranteed lifetime
benefit coverage has been debated, discussed and argued and arbitrated for
the past few years. The answer is no guarantee. This is the decision of
Coast Arbitrator, Sam Kagel.
This
in spite of the fact that several statements by Harry Bridges and other
union officials since the 1950s to the contrary. The decision of "no
lifetime guarantee" was in answer to the question:
"Was
the procedure for revising the language relating to Pensioner eligibility
in the 1994 welfare plan Summary Plan Description ("SPD")
inconsistent with the Welfare Plan documents, ERISA, or Plan practices? If
so, what shall the remedy be?
ILWU
and PMA under the Welfare Agreement provisions." The remedy as
Kagel's decision states:
"As
aforesaid, the language in the SPD, "eligibility of lifetime as
pensioners," is misleading and incomplete. In accordance with
requirement that the Coast Arbitrator must apply the Benefits Agreement as
written and Stipulation 14, it is clear that the pre 1994 pensioner
eligibility language did not, in "plain understandable
language," alert the pensioners to the fact that their benefits could
be changed or eliminated by action of the ILWU under the Welfare Agreement
provisions."
So there you have it, or not. Since way back in the early SPD
documents, members and pensioners have understood in "plain and
understandable language" that they were eligible to lifetime coverage
under the welfare Summary Plan Description, as so stated in pre 1994 SPDs,
and arbitrarily removed by person or persons unknown.
Hence, one can be justified an saying that the arbitration is
biased. "Plain and understandable" language" such as that
which did establish a "lifetime guarantee of benefits" for
Pensioners in the SPD has become confusing and not understandable. So the
"plain and understandable language" is garbled and twisted into
not understandable legalistic language.
Well,
so much for employers and lawyers - so little for workers and pensioners.
President Spinosa has said we need a new economic vision.
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