The National Education Association, the nation’s largest labor union, is threatening to terminate health insurance for about 300 Washington, D.C.-based workers on Aug. 1 to end a bitter contract dispute.
It’s a tactic that some private employers have used to pressure union members, is under the scrutiny of congressional Democrats and is banned by state employers in California, and labor law experts say they have never seen a union take such action against its own workers.
“This is a man-biting-dog situation where the union is taking the place of the employer,” said Paul Clark, a labor and employment relations professor at Pennsylvania State University. “It doesn’t look good for unions.”
NEA employees with urgent health care needs say they’re worried, but they’re not going to give in. Joy Mercer Barksdale, a writer on the NEA’s government relations team, says they need insurance for medical procedures to treat atrial fibrillation, a heart condition. “It’s insane that the NEA would use our health insurance as a bargaining chip,” she says.
But Barksdale said the threats were not enough to get her to agree to an unacceptable contract. “I’m not going to give in,” she said.
The NEA Staff Organization, the labor union representing workers at NEA headquarters, began a strike in Philadelphia on July 5 during the union’s annual delegate meeting. It was the second strike this summer as the two sides negotiate a new contract while overcoming thorny issues such as wages and working from home.
In response, the NEA ended its conference early. President Joe Biden was scheduled to speak at the event but withdrew, refusing to cross the picket line. The NEA endorsed Kamala Harris for president on July 24.
On July 8, the day after the talks were scheduled to end, the NEA locked out workers after notifying members the day before that, effective immediately, wages would not be paid and health insurance would expire at the end of July unless a new agreement was reached.
“The NEA cannot allow NEASO to once again take actions that will cause lasting harm to our members and our organization,” NEA Executive Director Kim Anderson said in the letter obtained by KFF Health News. “We have always been and remain committed to both our union values and the importance of acting as an exemplary employer.”
Democrats including Sens. Sherrod Brown of Ohio and Bob Casey of Pennsylvania introduced legislation last year to protect striking workers from losing their health insurance after major companies including General Motors, John Deere, RTX (formerly Raytheon Technologies) and Kellogg’s cereal maker threatened or actually did terminate health insurance coverage during labor disputes.
“Workers should not have to choose between their family’s health and a fair contract,” Brown said in a statement to KFF Health News.
According to a press release from Brown’s office, the bill was supported by major labor unions including the Service Employees International Union and the United Steelworkers, which was not included.
“This tactic is immoral and should be illegal,” United Steelworkers President Thomas Conway said in a statement at the time.
Officials with the National Education Association, which represents teachers and other administrators, declined interview requests. In a statement, its president, Becky Pringle, said the association is “committed to reaching an agreement as soon as possible” with the school staff union.
“As union leaders who participated in the strike, we recognise the importance and impact of these important decisions on an individual and family level. We truly care about our employees and look forward to continued collaboration with NEASO to develop a new contract that benefits us all,” she said.
Kate Hilts, a digital strategist who works for the NEA, said she worries that losing her insurance will mean she won’t be able to pay for treatment for a rare autoimmune disease that attacks her kidneys. Her next treatment was scheduled for August.
“I wake up every day in disbelief that this is happening,” she said. “This would be expected from an employer that is anti-worker or has a terrible labor record, but it is absolutely astonishing that this would come from a union that claims to be for workers, families, education and children.”
The NEA employees union has filed multiple complaints with the National Labor Relations Board this year, including alleging the NEA failed to pay holiday overtime and withheld information about the multimillion-dollar outsourcing of the bargaining unit’s work.
California is one of the few states that protects striking workers from losing their health insurance: The state Legislature passed a law in 2021 to block the tactic from being used against public employees, and another in 2022 to allow workers who lose their insurance during a strike to immediately sign up for heavily discounted insurance through the state’s Affordable Care Act marketplaces.
If NEA workers remain locked out, they would be eligible for coverage under COBRA, a federal program that allows people who are fired or furloughed to keep their employer-sponsored insurance for 18 months.
However, obtaining coverage can be financially challenging as individuals often must pay a 2% administration fee on top of the full premium.
Another option for workers is to buy insurance through the Affordable Care Act’s marketplaces, but that can be costly, and it may be unclear when that coverage will open up and whether insurers will cover their existing doctors.
“We hope that the NEA will be ashamed of their actions and at the very least not take away our health insurance,” Barksdale said.
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This article was reprinted from khn.org, a national newsroom and one of KFF’s core operating programs that produces in-depth journalism on health issues and is an independent source of health policy research, polling and journalism. |
