Bob Abbott on Rx problems

Here is where we stand...

My last contact (late last week) with counsel was just the confirmation that my (personal) latest problem with Medicare parts A & B could not be attributed to the BJ directly. If we could have involved them there was a chance that it would have given us a new foothold to perhaps
invoke some legal action against the BJ and their stance on "forcing" retirees over 65 to sign up for Medicare part D as administered by Aetna.

As it turns out the screw-up probably was with Aetna. This had a chain reaction in regards to my Medicare parts A & B. It is rather a moot point to try to assign blame if it wasn't the BJ's fault. Everything cleared with my new "Advantage" program with Humana. Good for me but not
so good for our cause. On advice from counsel...unless something new comes up (or the medicare
situation changes) we don't really have a strong case to challenge the BJ's stance. And, even if we did, he had the impression that the BJ was ready to fight it through as many appeals as would be necessary. This ultimately would involve a lot of expensive filing fees. Probably more than the monies we might stand to save. And it would take years. So, in this particular case (and it is only one situation) we are on hold.

Here's what we have accomplished.

We know exactly what the stance of the BJ is. They're going by the contract(s) in effect at the time of separation/retirement. This is the usual stance of companies involved with union separation/retirement negotiations. The mitigating circumstance that we all (most of us) had a
signed agreement stating something other than what the contract said seems to have no bearing. Which I still can't understand...but counsel seemed rather certain of that. But realize that conclusion is only from one attorney in regard to one situation.

The BJ was made aware that we aren't just giving up and accepting whatever they deem viable. That should at least make them be sure they have to be on relatively sound legal grounds before they totally violate our agreements.

I have amassed a lot of information in regard to the situation...which is available to anybody starting from any other angle to "fix" the situation. This could be valuable to future counsel to get a running start at them.

While we didn't actually start any legal action the BJ certainly knew (and they did respond) that counsel was looking at their stance in regard to the issue.

I am going to repeat what our stance was. This is important because it limited the information of what could or could not be used. This was NOT a class action. Counsel advised that Summit County judges are not favorable to class actions brought on by union groups. It was an
individual action (my name was on the dotted line) in regard to ONLY the fact that the BJ forced those of us (me) over 65 to sign up for Medicare part D. It had no bearing on anybody else and especially those under 65. This approach was taken because that appeared to be the best
approach and could involve some federal rules. Those under 65 definitely were still under the guidelines of union contracts. And since none of the different crafts union lawyers would touch it...it seemed pretty cut and dried that there wasn't much that could be done it that area.

And, until you are forced to sign up for the Medicare part D, the information I gathered was "merely" heresy and not usable in my case. Once you are affected, then you can start some actions. And some of the information I have heard, while being unusable for me, tweaked the
interest of the lawyer and he said there possibly could be some openings with that new information and with the parties involved. Some of that information could well be what is needed to get started. But it has to be from somebody that is directly involved AND affected by the BJ's
actions.

So here's what I suggest. Each and every one of you should contact a labor lawyer and try to set up a "free" initial consultation. Present your case and see what they say. It might take several tries but keep at it. I can't believe that somewhere down the line we can't come up with a viable case. We all know that what the BJ has done isn't what we signed up for and they're using loopholes and legal mumbo jumbo to fatten their coffers while costing us dearly.

Feel free to contact me for information/ammunition that might help you.

Those that contributed to the "slush fund." I'm waiting for a final statement from the bank to be sure I haven't been billed for my last few phone calls to counsel and I will get copies of the bills and bank
statements out to you. There is a little money (I hope) left in the account and I will get the checks to you as soon as I get the billing all cleared.

If anybody gets a positive reaction from any lawyer I also suggest perhaps we do this all over again...it didn't cost us that much and I think it was monies well spent. With new information and tactics we still could put some pressure on them.

If anybody getting this e-mail doesn't want me to pass on their e-mail address please inform me and I will, of course, honor your wishes. I think a special thanks should be given to Al Hunsicker...he ponied up some cash and he wasn't even affected!! Which is an interesting point in
itself!! Thanks Al!!

Hang tough...

bob abbott