Terminated Member Returns to Work
The issue presented in this case was whether the University violated its Agreements covering the Clerical Unit and the Professional and Technical Unit in January 2007 by its refusal to permit continued participation in the Contributory Defined Contribution Plan (also referred to as the “4.5%/8.5% Plan”) and, if so, to determine the appropriate remedy.
AWARD
It was found that the University violated its Agreements covering the Clerical Unit and the Professional and Technical Unit in January 2007, and continuing thereafter, its refusal to permit continued participation in the Contributory Defined Contribution Plan (also referred to by the Parties as the “4.5%/8.5% Plan”) for
“grandfathered” bargaining unit employees.
The University was directed to return those employees to active participation under the contributory Defined Contribution (4.5%/8.5%) Plan and to make affected employees appropriately whole for the University’s improper actions in forcing those individuals into the noncontributory Defined Contribution Plan in January 2007 and continuing thereafter.