Commission Reverses Precedent on Health Benefit Change Cases

By Ira W. Mintz, Esq.

Camden Cty. and Camden Cty. Prosecutor and Camden Cty. Assistant Prosecutors Ass’n

In P.E.R.C. No. 2012-42, the Commission reversed decades of precedent without acknowledging that it was doing so.  Relying on State of New Jersey (Dept. of Human Services), P.E.R.C. No. 84-148, 10 NJPER 419 (¶15191 1984), the Commission dismissed an unfair practice charge challenging a change in dental plans stating that under Human Services, such disputes must be resolved through the grievance procedure.  However, the Commission had in the past excluded health benefit cases from application of the Human Services doctrine.  See City of South Amboy, P.E.R.C. No. 85-15, 10 NJPER 511 (¶15234 1984).  The Commission did not mention that it was reversing this precedent.  This case suggests that the Commission may no longer protect against health benefit changes through the interim relief process.

Advertisements

Leave a comment

Filed under 2012

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s