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Labor — Act 10

Wisconsin Court of Appeals

Civil

Labor — Act 10

Bargaining is not prohibited for public safety employees on the subject of the allocation of responsibility between employees and employers to pay deductibles required under a health coverage plan.

“By its terms, the phrase ‘health care coverage plans’ is limited to the elements contained in such plans. However, WIS. STAT. §111.70(4)(mc)6. is silent on the question of what does or does not constitute an element of a plan. Yet, as the circuit court explained, there can be no reasonable question that a plan addresses ‘the rights and obligations that flow between the insurer and the insured.’ Thus, any element of a plan would have to concern these rights and obligations. A deductible concerns these rights and obligations, but a deductible payment allocation does not. The deductible payment allocation, as the circuit court reasoned, is a subject extrinsic to the rights and obligations of an insurer and insured. It is an allocation not between insurer and insured, but between employer and employee.”

Affirmed.

Recommended for publication in the official reports.

2012AP2701 Wisconsin Professional Police Association v. WERC

Dist. IV, Dane County, Colas, J., Blanchard, J.

Attorneys: For Appellant: Kilpatrick, Steven C., Madison; Zehms, Keith R., Eau Claire; For Respondent: Palek, Roger W., Madison; Schauer, Andrew D., Madison

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