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OEA Member/Leader Area CORE of OEA seeking a just and fair resolution
This area is designed to provide information to OEA members and those in leadership positions. CORE of OEA feels this information is critically important to the future health and welfare of the Ohio Education and its members. Please take a moment to review the information provided.
6th District Court of Appeals Rules in Favor of Retirees After only 3 weeks the three judge Appeals Court panel gave it opinion reversing the lower court decision supporting nearly all of the retiree positions. We will not attempt to interpret the decision as the court was quit clear on what it thought about OEA’s arguments. As an OEA member or more importantly a leader you should be very concerned about the direction being taken by OEA management. The organization’s reputation has already been severely damaged while attemplt to cheat retirees out of health care benefits and the fallout has the potential to be very damaging to all OEA members. If you care about the healthy of your organization and of your employment contracts you need to take a few minutes and review these most serious documents. When you historically look below at what we have been telling you about the positions your leadership is taking you will understand that retirees aren’t the ones lying to you. Quoting the some of the dialog about an OEA position on Summary Plan descriptions trumping employment contracts: ECKELBERRY: Your Honor, I don’t know what position they take with regard to the school teachers; I don’t represent the school teachers.
JUDGE MCKEAGUE: This is an astounding position for the Education Association to take in terms of its practical impact on every teacher in the state you represent. That why I’m just curious.
Eckelberry doesn’t represent teachers but OEA management YOU DO!
Click here to read the decision or go to the legal activities area.
Very Important to OEA Members and Leadership On September 13, 2007 Oral Arguments were held in Cincinnati at the 6th District Court of Appeals. OEA staff retirees were very interested in this session and were soundly represented by over 30 people. The Ohio Education Association chose to send no one to the hearing except two outside attorneys. Why? Maybe you should ask. You also need to ask why OEA attorneys lied to the second highest court in the land. It isn’t much of a stretch to surmise that if OEA had answered the very direct questions by the court it would have either undermined their case against retirees or it would undermine the entire OEA membership. If you care about OEA trying to win at any cost, you need to listen to the transcript. Listen very carefully to the comments and questions asked by the judges. Then you decide…. Is your organization doing the right thing for OEA members? Forget retirees, what kind of potentially devastating impact will the current position by OEA have on its own members? Click here to listen to the hearing. Click here to see a written copy of the transcript.
OEA Strikes Again with new “Benefit SPD” Documents - If you are an OEA member this action will allow your employer to circumvent your contracts too! All retirees received a document from OEA titled: Summary Plan Description for the Ohio Education Association Group Benefit Plan This document is another attempt by OEA to circumvent the staff contracts of the OEA. For some reason OEA management thinks staff can be duped into a situation where they will give up their rights under their employment contracts. Clearly OEA’s position is if they put out anything in an SPD and the Unions do not challenged it then it supersedes the contracts thus giving OEA the right to do virtually anything with staff benefits not only for current retirees but for future retirees. NOT TRUE!! Counsel has advised retirees that this ploy will have no impact on the current litigation in the Federal Appeals Court. That being said both PSU and OASU have been notified by retirees that this type of action by OEA will not be tolerated and are demanding that the unions take whatever action necessary to defend the benefits guaranteed under staff contracts. The unions are obligated, by law, to represent retirees to the fullest extent IF the retiree agrees to and demands that representation. They have the same duty of fair representation to retiree as they do to current employees. See the following on this web site: Letter sent to OEA by two staff retirees
Court Grants OEA Summary Judgment
The Sixth District Federal Court granted OEA its request for Summary Judgment. On the surface that would appear to be a win for OEA. Unfortunately, the court has erred and retirees have been forced to take the issue to the US Sixth District Court of Appeals. If any OEA member or leader thinks that the tactics and judgment used by the current top leaders of OEA are not anti-labor and potentially harmful to every union member—read the appeal briefs. OEA has allowed an anti-union anti-labor law firm to call the shots and OEA management is going forward unchecked. The result is the potential for very damaging precedence being set to the advantage of law firms like Baker & Hostetler and to the detriment of labor everywhere in this country.
UAW and NSO join the Battle OEA’s tactics hurt labor
The International Union, United Automobile, Aerospace & Agriculture Implement Workers of America—UAW has filed an Amicus Curiae brief in support of retirees and against OEA arguing for the reversal of the lower court decisions. Likewise the National Staff Organization has also filed an Amicus Curiae brief in support of retirees and asking the court to reverse the lower court’s decision. Want to get the truth? Want to find out why OEA’s decision to go forward with its attacks on retiree benefits could be the worst management decision made in the history of the organization. It could cause the undermining of every labor agreement in the country including those bargained by every OEA local association in the state. Don’t sit back and be passive. Every OEA member needs to be informed. Go to the Legal Area of this web site and read all three Appeals briefs. The Retiree Brief, NSO Brief, UAW Brief. It’s your OEA!!!
Links to important materials:
Past Executive Director Bob Barkley gives sworn declaration Past Human Resources Executive Manager Rich Bourgault gives sworn Declaration Letter to the Editor 11/30/05 Columbus Dispatch 12-8-05 letter to OEA Executive Committee and District presidents Retired Kettering President Carol Houck Letter to Gary Allen Letter to the Editor 1/12/05 Columbus Dispatch September '04 Letter to OEA Executive Committee State Staff Retirees Across the Country Organize
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