COBRA and Unemploymet Compensation denial

[D M G]

On 3/26 I posted in another thread that Cobra and/or Unemployment was being denied for the 22 FSA that were terminated in PHL. On 3/27 it was posted on the DL141 website that a lawsuit has been filed against the company by the IAM over the denial of COBRA.

Link

I think they should be allowed to continue medical coverage under COBRA since the entire cost is paid by the individual. My feelings on Unemployment Compensation are mixed. No one has been charged with anything, but supposedly they were terminated for violating company policy.

How do you feel about the denial of Cobra and Unemployment?

 

[rjh]

On 3/26 I posted in another thread that Cobra and/or Unemployment was being denied for the 22 FSA that were terminated in PHL. On 3/27 it was posted on the DL141 website that a lawsuit has been filed against the company by the IAM over the denial of COBRA.

Link

I think they should be allowed to continue medical coverage under COBRA since the entire cost is paid by the individual. My feelings on Unemployment Compensation are mixed. No one has been charged with anything, but supposedly they were terminated for violating company policy.

How do you feel about the denial of Cobra and Unemployment?

COBRA should not have been denied ..but yes, unemployment should have been. It doestn' matter if there are any criminal charges or not--this is not a court of law. I'm sure there were plenty of witnesses (i.e. the employees that the TWU was there to speak to). Personally, unemployment should only be available to people that lose jobs through no fault of their own. If you violate company policy, etc . .that's your fault.

 

[wings396]

I will have to agree that they should be able to have COBRA coverage, since they pay for most of the cost anyway.
Medical coverage is a vital need for anyone and their family regardless of what the situaton may be.
On the topic of Unemployment, I have to cast a NO vote for that since they were terminated due to their own stupidity. I don't think that ANYONE who is terminated should be able to collect Period. We all know that there are lots of people out there that can lose their jobs intentionally just so they can enjoy some time off, and still have a bit of income while doing so. :blink:

 

[Tim Nelson]

I will have to agree that they should be able to have COBRA coverage, since they pay for most of the cost anyway.
Medical coverage is a vital need for anyone and their family regardless of what the situaton may be.
On the topic of Unemployment, I have to cast a NO vote for that since they were terminated due to their own stupidity. I don't think that ANYONE who is terminated should be able to collect Period. We all know that there are lots of people out there that can lose their jobs intentionally just so they can enjoy some time off, and still have a bit of income while doing so. :blink:

While most agree that the IAM has had little success in Collective Bargaining, over their history they have been highly successful at advocating and protecting workers who get fired because of their own stupidity, drug problem, laziness, or theivery.

As far as Collective bargaining, I guess they did get one thing added in the first restructuring agreement....a second strike for drug users. I remember IAM loyalist making a point that this new restructuring contract now provides a possible second strike if you get busted from a drug test. All this in a very high risk of injury work environment.

regards,

 

[delldude]

I believe COBRA coverage is a law....through an act of congress.

 

[rjh]

While most agree that the IAM has had little success in Collective Bargaining, over their history they have been highly successful at advocating and protecting workers who get fired because of their own stupidity, drug problem, laziness, or theivery.

As far as Collective bargaining, I guess they did get one thing added in the first restructuring agreement....a second strike for drug users. I remember IAM loyalist making a point that this new restructuring contract now provides a possible second strike if you get busted from a drug test. All this in a very high risk of injury work environment.

regards,

Yet more reasons to not like unions.

 

[D M G]

I believe COBRA coverage is a law....through an act of congress.

It is, but according to the DOL website it can be denied for "gross misconduct". The IAM bulletin states "The airline alleged the employees violated "formalized administrative guidelines," but subsequently acknowledged that such guidelines did not exist". Sounds like two different things to me. The IAM should win this suit.

COBRA questions

 

[Awa Contract]

Lets hope you are wrong.

 

[Tim Nelson]

Yet more reasons to not like unions.

You raise a good point.

To be honest, I can't think of one sensical reason to keep the IAM. It hasn't done one positive thing for fleet service in over 10 years. Now, US airways fleet service has fallen to rock bottom as Non-Union Delta and Non-union Continental has far superior wages and benefits and aren't paying $500 a year to some goofy 'brokeback union' to 'stick it to them'. It makes 'better sense' for fleet service to be non-union than to be represented by the I Am Mugged And Screwed union.

regards,

 

[delldude]

Lets hope you are wrong.

yeah pal in union solidarity......hope i see you on my

negotiating committee...

unbiased and non predjudiced representation...no matter

who it is.....or what the issue.....funny thats the way it

is in the IAM ...whats your excuse? :unsure:

 

[PITbull]

On 3/26 I posted in another thread that Cobra and/or Unemployment was being denied for the 22 FSA that were terminated in PHL. On 3/27 it was posted on the DL141 website that a lawsuit has been filed against the company by the IAM over the denial of COBRA.

Link

I think they should be allowed to continue medical coverage under COBRA since the entire cost is paid by the individual. My feelings on Unemployment Compensation are mixed. No one has been charged with anything, but supposedly they were terminated for violating company policy.

How do you feel about the denial of Cobra and Unemployment?

Since these employees were terminated by the company, and the company is contesting unemployment for what they deem as "gross misconduct", these 22 employees should and CAN appeal the denial of unemployment and most likely win if they appeal. If this entire mess is still being investigated and a grievance has been filed, they should express that to the appeal hearing judge for unemployment. These folks only have a small window timeline to appeal, so they need to be encouraged to do so. The most challenging to appeal is drug/alcohol on the job, (which can be considered as gross misconduct). However, I have seen many, many cases where the employee was terminated, Co. contested unemployment, and via the appeal process, the employee won for EU benefits. From personal experience, I was involved in a few of those, what appeared to be, difficult cases.

With regard to COBRA, its the law. Again if the company is claiming the denial of COBRA for gross misconduct, these folks can appeal or hire a lawyer. The company must prove "gross misconduct" under the COBRA statute.If the company can not prove that all these individuals are responsible for what the company alleges, than the company can be fined for everyday these individuals are denied COBRA coverage and restitution.

As an aside, Blue Cross of PA has different plans for individuals that would be cheaper than USAirways premiums.

 

[Awa Contract]

Dell - I have talked to people that were present in this brawl first hand and these 22 got what they deserved - there is no place for people that that behave like this or support these actions in the workplace - so take your union solidarity statement and shove it -

 

[PITbull]

Dell - I have talked to people that were present in this brawl first hand and these 22 got what they deserved - there is no place for people that that behave like this or support these actions in the workplace - so take your union solidarity statement and shove it -

AWA,

It doesn't matter what folks think, allegations still have to be proven, and everyone should be duly and fairly represented to prove provication, mitigating, or innocense.

 

[AP Tech]

As an aside, Blue Cross of PA has different plans for individuals that would be cheaper than USAirways premiums.

I did some shopping around after being furloughed and found some health plans which were far better than the current plan being offered through Cobra and the prices were better.

 

[delldude]

Dell - I have talked to people that were present in this brawl first hand and these 22 got what they deserved - there is no place for people that that behave like this or support these actions in the workplace - so take your union solidarity statement and shove it -

like it or not....i'd put your attitude in the back seat and do everything i could to represent these 22 like anyone else who came down the pike. 😉

thats the way its supposed to be brother