Ibew

I. Background

Article 24.1 of the CBA provides that the “Citizens Utilities Medical Plan,” which includes the “Retiree Medical” plan, “shall be provided for all eligible employees in accordance with the terms of said plans.” This article further provides that Citizens may “make changes” to the plan, provided that, inter alia, “[t]he changes do not reduce the overall level of bene- fits.” Article 24.1 also contains the following arbitration pro- vision:

In the event that any dispute arises as to whether the proposed change does or does not reduce the overall level of benefits the dispute will be referred to expe- dited arbitration without exhaustion of the grievance procedure.

In November 2005, Citizens informed IBEW, the exclusive bargaining agent for a group of Citizens employees, that it was making changes to its medical plan that would affect both current employees and retirees. In particular, Citizens pur- ported to cancel retiree medical benefits, beginning in January IBEW v. CITIZENS TELECOMMUNICATIONS CO. 16043 2006, for any “medicare eligible” retiree. In response, IBEW filed two grievances. The first, Grievance 5-07, sought relief from Citizens’ decision to…