Huntington police, fire unions file lawsuit over contract dispute

HUNTINGTON — The city of Huntington’s police and firefighter unions have filed a lawsuit seeking to block Mayor David Felinton from discontinuing their health insurance plan July 1 and implementing a new plan that will require them to pay more.

The unions filed a complaint for declaratory judgment Monday afternoon in the Cabell County Circuit Clerk’s Office. The case has been assigned to Circuit Judge John Cummings.

Both unions — Fraternal Order of Police Gold Star Lodge 65 and International Association of Firefighters Local 289 —  allege in the complaint that the city has shown “irrefutable evidence” of bad faith bargaining by capping health insurance costs in next year’s budget at $5.6 million and approving a budget without pay raises while the unions were still negotiating a new contract with Felinton’s administration.

 The complaint also alleges that the city’s interpretation of previous state Supreme Court rulings dictates that the city should extend the FOP’s contract at least six months. The union’s contract expires June 30.

The IAFF’s contract expired Dec. 31, 2007, but Felinton extended it six months to June 30. However, the complaint alleges that the IAFF’s contract should be extended to Dec. 31, 2008.

The unions are seeking an injunction prohibiting the city from altering their collective bargaining agreements. They also are requesting that the city honor all terms and conditions of the existing contracts until new ones are negotiated or “until the court makes a final decision in this action.” The unions are represented by Charleston attorney John F. Dascoli.

Cummings has yet to take any action on the complaint.

Felinton announced last week that he would unilaterally change health insurance plans for city employees July 1. He also reiterated that there is no money in the 2008-2009 budget for wage increases. He said, however, that the city is open to negotiating wage increases in future budget years.

All other benefits and work rules in the unions’ existing contracts, which cover about 360 employees and 160 retirees, will continue indefinitely until a new agreement is reached, he said.

During a news conference Tuesday afternoon at City Hall, Felinton said an injunction against the new health insurance plan could result in a loss of $2.4 million in public services in next year’s budget.

With the savings from the health insurance change and not granting wage increases to employees, the city is planning to hire six new police officers, a code enforcer to deal with substandard properties and a tax and fee collector, Felinton said. It also would purchase six new police cruisers, a street sweeper and pay for upgrades at Harris Riverfront Park, he said.

“Should (the requested injunction) prevail and I am forced to provide exorbitant benefits that are not within the city budget, we will be forced to look at a reduction in city services and/or personnel to offset these expenses,” Felinton said.

Under the health insurance plan that Felinton wants to switch to, active employees' premiums would be about six times higher than the $12 or $25 a month they pay now for single or family coverage.

Annual deductibles for active employees and retirees would be $1,500 for a single employee or retiree and $3,000 for a family plan. The $3,000 deductible could be met collectively. Deductibles for employees and retirees are currently $250 per person.

The city also would offer employees and retirees health reimbursement accounts to help pay deductibles and other out-of-pocket expenses such as dental coverage, which employees do not have. Single employees would get $1,000 a year, while families would receive $2,000.

Retirees not eligible for Medicare would receive reimbursement accounts of $250 a year for single coverage and $500 for family coverage.

Union officials have said the new plan could result in increases of nearly $5,200 a year in out-of-pocket expenses for active employees and retirees who have family coverage. The change would be especially difficult on retired firefighters and police officers who tend to suffer from health problems because of the nature of their jobs, they have said.

Representatives with the FOP and IAFF released statements after Felinton’s news conference saying that the mayor’s decision to unilaterally change their health insurance plans left them with no choice but to take legal action.

“All we ask is that the city administration recognize our collective bargaining rights, and to negotiate with us fairly and in good faith,” FOP President Chuck Kingery said in a prepared statement.

“The action filed Monday afternoon was not our first choice,” said John Angle, vice president for the IAFF. “(Felinton) was well aware this was a possibility.”