Does change in wellness benefit have to be negotiated with union?

HCA

For our unions, we have to negotiate in good faith with respect to wages, hours, fringe benefits and other conditions of employment.

We provide our employees health insurance. We also require annual physicals for our drivers. We do not have a written policy that says the employees have to submit their medical bills for the physicals to the health insurance (they each have a $400 annual wellness benefit which would cover it.) Now, we have employees who are refusing and are just presenting the full medical bill to their supervisor for payment (asserting the employor is requiring them to obtain the physical as part of their job duties).

We want to enter a written policy which states all employees must submit their medical bills for work-related physicals to the insurance for reimbursement.

Do you think we can do this for unionized employees without negotiating it?

davids

I think it is a negotiable subject. However, it sounds like submitting the claim through your insurer has been the acceptable practice up to now. If that is accurate and that practice has occurred for an extended period of time with the union's knowledge, you may be able to assert that you have a "past practice." Therefore, your written policy would be codifying that practice.

We have language regarding medical exams in limited situations. Our language is specific that we pay only for the portion of the expense that is not covered by our insurance.

HCA

There was recently a federal court case (9th circuit) where the employer required nurses to receive flu shots, and they found that was an issue that affected their conditions of employment and had to be bargained for; so for all other reading this, I'd say, "Yes", it has to be negotiated.