Requirement to participate in union health plan

[Guest JD698]

A multiemployer health fund is funded by both employer and employee contributions. Employee contributions are deducted from the employee's wages via a payroll withholding authorization to the payroll department.

Can the employee be compelled to participate in the health plan?

If yes, can you point me to a law, case etc that will back this up?

Thanks.

[mbozek]

Mandatory participation in an employee benefit plan is a condition of employment imposed by the employer no different then other terms such as the amount of salary, hours, work site. While state labor laws require employee consent for salary reduction to an employer sponsored plan, there are 2 or 3 DOL opinions holding that NY and Puerto Rico laws requring employee consent are preempted by ERISA and the DOL is reviewing a Cal law. Check the Cafeteria Plan message board for prior discussions of this issue.

[Kirk Maldonado]

It seems to me that there is another issue, in addition to those that were mentioned in mbozek's reply.

Because it is a multiemployer plan, I assume that the person is a member in a collective bargaining unit. Thus, I think that the requirement to participate in the plan originates with the collective bargaining agreement, not with the employer.

As an ERISA (not a labor) lawyer, it seems to me that this issue involves labor law at least as much as it involves ERISA.