There is little doubt that the class of retirees who file the complaint with Kendzierski feels that an injustice has occurred. A review of the extrinsic evidence suggests that all parties considered that the CBAs required the county to provide lifetime benefits. The Court notes, however, that “if the parties intended to transfer health care for life, they could have easily told the KBA… But they did not. The terms and conditions of employment and benefits of Macomb County employees are governed by collective agreements and staff policies. The information contained on this website should not be interpreted to change the provisions of collective agreements or existing personnel policy. The complainants in the recent case of Kendzierski v. Macomb felt they were entitled to a guaranteed level of health care for life after retirement. They thought the terms of a collective agreement (“CBA”) with Macomb County had said so. In a statement to Michigan officials, the Michigan Supreme Court did not agree. Since there is no specific language in the agreement that health care benefits payable at age 65 were to be paid after the KBA expired, KBA benefits expired. Kendzierski technically applies only to workers in Michigan`s public employers, but it complies with federal law applicable to private employers. The Michigan Supreme Court found that the preliminary proceedings erred in considering something other than the clear language of the CBA, such as the county`s statements that the money was made available to fund lifetime benefits. The Court set aside the preliminary proceedings and referred the case to a decision that, because of the CBA`s conditions, landkreis would not be required to pay lifetime health care benefits for retirees on its own.
Disclaimer: Collective agreements may be amended by agreements, declarations of intent or declarations of intent. The agreements on this page should not reflect changes made after the ratification date. For any questions, please contact Human Resources and Labor Relations. The lesson to be learned from Kendzierski is that contractors must ensure that the substantive conditions are explicit and that the contract cannot be read more than in one way. The devil is in the details, or lack of details, and can mean the difference between a life of accomplishments or something much, much less. Administrative and Technical Employees Association (ADTECH) One of the guiding principles of contract interpretation in Michigan is that a jurisdiction cannot consider evidence or documents outside the language of the contract unless a contract is not ambiguous. Fraternal Order of Police Labor Council (FOPLC) – MPs and distributors. International Union of Operating Engineers (IUOE) – Boiler Operators Technical, Professional and Officeworkers Association of Michigan (TPOAM) – Circuit Court Officers and Professional Association Police Officers Labor Council (POLC) – Captains/Chief of Staff MACOMB COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER. MACOMB COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, RELIGION, SKIN COLOUR, SEX, AGE, HEIGHT, WEIGHT, NATIONAL ORIGIN OR DISABILITY. United Auto Workers (UAW) Local 412 – General/Assistant Prosecuting Attorneys/Information Technology/Supervisors/Assistant Corporation Counsel/Macomb CommunityAction-Headstart Macomb County Deputy Sheriffs Association (MCPDSA) – Corrections Deputies Teamsters Local 214 – Circuit Court/Friend of the Court American Court Federation of State, County – Municipal Employees (AFSCME) – Local 411 United Auto Workers (UAW) Local 889 – Animal Shelter/Macomb Community Action/Probate Court/Corporation Counsel/Specialized Officers Please contact Liam K.