Unions sue Baltimore City for refusal to negotiate health benefits

Baltimore City’s major unions took legal action against the city last week, alleging it is refusing to negotiate aspects of health benefits in violation of a 2022 ordinance.

The city’s most powerful unions — including those representing police officers, firefighters, nurses and solid waste workers — sued in Baltimore City Circuit Court on Dec. 18, one day after reaching an agreement on a citywide health care plan.

While the city negotiated on several issues, including how to split premiums, the plan approved Dec. 17 was accompanied by a “side letter agreement” in which the parties noted a “dispute” over the 2022 ordinance.

The unions want a judge to declare the 2022 ordinance lawful and enforceable, and to force the city to negotiate.

“Health insurance is just too important to the unions to let this go,” Christopher Ryon, a principal at KSC Law, who represents the plaintiffs, told The Daily Record.

The city believes the ordinance is unlawful and questioned its obligation to collectively bargain over health benefit options and components of health benefit plans for employees, retirees and their spouses and dependents.

“If a final decision is issued that holds that (the ordinance) was properly enacted and the City is legally obligated to bargain with the Unions over retiree health benefits options, contributions and plan components, the Parties shall promptly return to the bargaining table to negotiate over that subject,” Baltimore Labor Commissioner Deborah Moore-Carter wrote in the side letter, which was signed by the unions.

The City Council passed the bill unanimously, and it became law in September 2022 without Mayor Brandon Scott’s signature. The Scott administration opposed the bill at the time; it passed despite not being approved for form and legal sufficiency by the chief city solicitor.

A spokesperson for Scott did not respond to a request for comment.

Since 2012, the city has negotiated health benefits collectively with unions, rather than with each union individually. The system has saved the city money without compromising the quality of care, the unions stated in a press release.

Last week’s deal was the fourth such agreement since the city began negotiating jointly with the unions. The 2022 ordinance, which passed after the third agreement expired, was meant to ensure the unions participated in subsequent negotiations and explicitly requires the city to negotiate over certain aspects of health plans.

The unions bringing the suit are Lodge 3 of the Fraternal Order of Police; AFSCME Locals 44, 558 and 2202; the Managerial and Professional Society of Baltimore; the City Union of Baltimore; and IAFF Locals 964 and 734, which represent fire officers and firefighters. The three AFSCME locals alone represent nearly 2,200 people.

“We’ve saved the City millions through collaborative health care reforms, yet now they’re stonewalling on retiree protections?” Joshua Fannon, president of the IAFF Local 964 Baltimore Fire Officers, stated in a press release.

“This lawsuit isn’t about politics — it’s about respecting employees and the rule of law, upholding good-faith bargaining, and ensuring no city employee — active or retired — suffers benefit cuts without union representation,” Fannon said.

Wendy Smith, a nurse and president of AFSCME Local 558, added, “Our unions have fought long and hard to ensure active employees and retirees maintain quality healthcare. The law states we all get a seat at the table and we are fighting to keep that.”