National Staff Organization

United to Lead, to Promote, to Secure, and to Defend

United to Lead, to Promote, to Secure, and to Defend

NSO AFFILIATE PRESIDENT HANDBOOK

Policy Regarding Retirees Health Care Litigation Assistance

  1. Post-Employment/Retiree Healthcare
    • NSO Executive Committee will direct all retiree healthcare issues to a Subcommittee if it does not handle the matter itself. The Subcommittee shall be appointed by the President, with the approval of the Executive Committee.
    • The Subcommittee will be empowered to:
      • Deal directly with the affiliate;
      • Identify all officers and management involved;
      • Identify all current retirees, any special retirees, future retirees currently employed who are at issue;
      • Identify the Employer’s proposed action in detail; and
      • Collect all exact healthcare language and benefits involved.
    • Secure all collective bargaining agreements from the initial time retiree healthcare became a benefit.
    • Secure copies of any individual retiree contracts which may exist between retirees and the Employer.
    • If the Collective Bargaining Agreement, refers to any other documents, secure copies of and then identify them with details.
    • If there are any memorandum of agreements, grievances, arbitrations, or significant bargaining history relevant to the retiree healthcare question, secure them.
    • If the Union agreement is silent or incomplete on retiree healthcare is every attempt to secure some understanding of what the Union, retirees or Employer thinks in detail is required.
    • Secure any other investigation as necessary for a complete report and identify also what other fact-finding seems required.
  2. Prepare a summary for the file for the Executive Committee. Hire a transcriber if necessary to assist the committee.
  3. Travel to the affiliate may be required to comply with the requirements of this policy. It will be authorized by the Vice President of Defense.
  4. The President will appoint one individual to coordinate information with legal counsel on all cases throughout the NSO organization dealing with these issues.
  5. No legal advice will be authorized unless approved by the Vice President of Defense in connection with the Subcommittee. No NSO funds will be provided for retiree litigation without a signed contract providing for reimbursement of costs and fees in the event of any recovery.
  6. If the Executive Committee so chooses, it can assist financially by subsidizing the legal fees at a rate of one hundred ten dollars ($110.00) an hour up to three thousand dollars ($3,000.00) a month, itemized billings, etc. evidenced by a written agreement providing for reimbursement of legal fees.
  7. No expenditure will be authorized or made unless, pursuant to a contract which guarantees:
    • The NSO will be repaid its legal fees and costs in the event of an award.
    • The NSO has the right to approve legal counsel to the affiliate as well as legal strategy.
    • The NSO will have the right to terminate its participation in the assistance agreement for any reason and at any time by written notice to the affiliate or Plaintiff party or its legal counsel who is the beneficiary of said assistance.
  8. Said notice of termination, per VII (c) if it occurs, does not alter, modify, diminish or abrogate the NSO’s right to receive dollar-for-dollar reimbursement for any funds so provided to support the litigation in any way including attorney fees.
    The signed Agreement which addresses the above points shall be read in full harmony with this adopted Policy Agreement.
    The Agreement shall be deemed confidential and part of the attorney-client relationship.
Updated on February 5, 2024