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7-UP stopped paying medical ins. bills

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7upguy

Junior Member
What is the name of your state? California

I am in a union that is currently in arbitration ragarding pay/ pension issues with 7-UP/ RC Cola. We came to an agreement several years ago regarding pay increases/ pension benefits, etc that would be included in our new contract. The company decided to not pay the agreed upon raises a couple years ago, the union protested and we are now at arbitration (for 2 years now). The company never seems to pay our pension plan on time, usually being 2 months late in payments, almost getting that plan cancelled multiple times. Now the straw that broke the camels back. I got a notice today that my medical benefits have been cancelled for non-payment effective Dec 1st, 2004 (today is Dec 20th). According to my contract, my benefits would be completely covered @ 100% because I was grandfathered in due to hire date. I assume that the company figured that they can screw us because, what are we going to do? Go to arbitration again? I was wondering if:
1) There was any legal action that can take asides from arbitration?
2) Can we strike as a union even though we have a no-strike clause, because they are in breach of contract over pay and now benefits too?
3) If we do strike and they fire us, can we have a class-action wrongful termination lawsuit?
 


rachelsfx

Member
Gee

7upguy said:
What is the name of your state? California

I am in a union that is currently in arbitration ragarding pay/ pension issues with 7-UP/ RC Cola. We came to an agreement several years ago regarding pay increases/ pension benefits, etc that would be included in our new contract. The company decided to not pay the agreed upon raises a couple years ago, the union protested and we are now at arbitration (for 2 years now). The company never seems to pay our pension plan on time, usually being 2 months late in payments, almost getting that plan cancelled multiple times. Now the straw that broke the camels back. I got a notice today that my medical benefits have been cancelled for non-payment effective Dec 1st, 2004 (today is Dec 20th). According to my contract, my benefits would be completely covered @ 100% because I was grandfathered in due to hire date. I assume that the company figured that they can screw us because, what are we going to do? Go to arbitration again? I was wondering if:
1) There was any legal action that can take asides from arbitration?
2) Can we strike as a union even though we have a no-strike clause, because they are in breach of contract over pay and now benefits too?
3) If we do strike and they fire us, can we have a class-action wrongful termination lawsuit?
Sounds like a good case for a class action. What did the union leaders say? They have lawyers, you know. I know if the company files bankruptcy they can send the retirement plan to the PBCG. The airlines are trying to do this right now (and winning). If the company is in financial trouble, maybe they are just testing your union to see how smart they are.
 

John/nyc

Member
It is my belief that the union, in this type situation, should be demanding to see the company books. It is one thing to say "I wont pay" and it is another thing to say "I cant pay."
 

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