PAX Centurion - January / March 2016

www.bppa.org PAX CENTURION • January/March 2016 • Page 41 Legal Notes: Jamie Goodwin, Esq. Sandulli Grace P.C., Counsel to Members of the Boston Police Patrolmen’s Association You need to know your rights to protect them By Amy Laura Davidson, Esq., Sandulli Grace P.C. T heAffordable CareAct (ACA) (a/k/a “Obama Care”) contains a provision that would impose a 40% non-deductible tax on higher cost health plans. The tax was scheduled to go into effect in 2018 on plans whose total annual cost exceeds $10,200 for individual and $27,500 for family coverage. Insurances carriers would be responsible for paying the tax but the burden ultimately would fall on employers and individuals with high cost plans. The Kaiser Foundation predicts that by 2018 26% of employers would be assessed the Cadillac Tax on at least one of their health plans if plan design remains the same. This is why many employers have indicated a reluctance to agree to any collective bargaining agreement beyond 2018. In December, the U.S. House of Representatives released a tax bill entitled “ProtectingAmericans from Tax Hikes Act of 2015.” The bill was ultimately passed by Congress and signed into law by the President. It delays implementation of the Cadillac Tax until 2020. Analysts speculate whether the tax will ultimately be repealed before it goes into effect. Affordable Care Act’s Cadillac Tax on High Cost Health Plans has been Delayed Two Years Accordingly, employers may no longer rely on the Cadillac Tax to avoid negotiating agreements that extend beyond 2018. It is likely that they will continue to be reluctant to any agreements extending beyond 2020 when the tax currently is due to take effect. T he volume of coverage regarding law enforcement and the rights of police officers over the last year has been remarkable. The policy byproducts of this coverage are now manifesting. In Massachusetts, Governor Baker has proposed a bill that will more readily allow municipalities to leave Civil Service. It is pending at the Joint Committee on Public Service and it could result in the further erosion of police officers’ rights in the Commonwealth. Nationally, whether Police Officers should even have just cause protections under statute or collective bargaining agreements is a topic of debate. Each Patrol Officer in Boston has an individual right at Civil Service to challenge discipline above a written reprimand and to address other violations of the Civil Service statute. BPPA members are also protected by the just cause provision in the collective bargaining agreement which allows the Union to challenge any discipline issued to a Boston patrol officer or other violation of the contract before a neutral arbitrator. Similarly, the Union also holds a right to file prohibited practice charges at the Department of Labor Relations (DLR) if the Employer refuses to bargain in good faith about the terms and conditions of employment (i.e., working conditions, wages, etc.) Most basically: • Civil Service appeals can cure violations of the Civil Service laws; • Grievances can cure violations of the collective bargaining agreement; and • Prohibited practices charges can cure the failure by the Employer to collectively bargain with the Union in good faith, impermissible interference by the Employer with the Union and any other violations of the public labor relations statute (M.G. L. c. 150E). These rights were created to undermine patronage and create union security. If a Police Department could terminate officers for any reason (i.e. without just cause), keeping public sector management honest will become more difficult. The type of changes being proposed would return us to these type of scenarios: • Don’t like the Employer’s wage proposal? The negotiating committee gets reassigned to nights. • NewMayor gets elected? Officers who supported the other candidate start having a very hard time on the job. • Support the Union? Time to get your resumé together. The notion that a Police Officer with rights and a good salary equates to a social problem is a fallacy. Society is not somehow made fair by treating any group of working men and women less fairly or by stripping anyone of economic justice and fair process. This is true regardless of whether you’re talking about a shop clerk, a porter, a farmer, a nurse, a firefighter, a teacher or a police officer. Be vigilant – preserving your rights will take work and attention. Stay focused and, as always, stay safe. that social media will be abuzz more than ever. If I have any advice as we cruise further into 2016, it would be to think before you socially mediate. This is even more important after you’ve had a few libations. If you’ll re- gret a post the next morning, you can’t just sleep late. It will be out there for the world to see. We all have opinions we want to share, but in this politically correct world it is probably best to broadcast those opinions to trusted friends only. In the long run, you’ll be glad you did. Stay safe out there, take care of each other and please don’t forget to tip your bartender. From Awkward on page 39 Socially awkward…