Published: August 27, 2008 10:45 pm         

Insurance issue prompts Bemis picket

Bemis workers’ union says new mandate violates contract

TERRE HAUTE — Bemis Co. is requiring its employees to complete a health risk assessment survey and undergo blood testing to keep their health insurance, a move that has local Bemis employees up in arms.

Dozens of union members participated in an information picket in front of the Bemis facility at 1350 N. Fruitridge Ave. Wednesday morning. They will picket again today.

Kirk Smith, president of the union representing Bemis employees (Local 1426), said the new mandate violates the contract between the company and union members. The contract does not expire until June 30, 2009.

“They are putting a gun to our head and threatening our children and our spouses” with loss of health insurance if employees don’t comply, Smith said. Employees who don’t participate would lose their health insurance effective Jan. 1, he said. Bemis in Terre Haute has about 770 union employees, union officials said.

Ron Willis, an attorney representing Terre Haute union members and other Bemis bargaining units, said a charge has been filed with the National Labor Relations Board, which is investigating.

The company “has failed to bargain in good faith” by imposing a new eligibility requirement without first bargaining that change with the union, Willis said.

He noted that the company is self-insured.

Melanie Miller, vice president and treasurer for the Wisconsin-based company, confirmed that a health risk assessment — done by Kersh Wellness — “has been made one of the eligibility requirements” for health insurance.

“We believe it’s important for employees to know what the status of their health is,” and they should be involved in managing their own health, she said. The company spends a lot of money on health insurance for its employees, she said.

A healthier work force should help the company and employees save money in health care costs, she said.

“It is genuinely for the benefit of our employees,” Miller said.

The information “is not used to determine premiums and it has no impact on insurability,” Miller said. The information is not public, nor is it provided to Bemis.

The Kersh Wellness Web site says that participants in its wellness program “can have total assurance that their personal health and medical information will be kept absolutely confidential. No personal information will be shared with the employer or any supervisor.”

Kersh Wellness is based in Arkansas.

Miller said that the blood samples are drawn and tested to determine potential health problems with diabetes, high cholesterol or other issues. She was not sure what other types of tests are done.

“It would be the standard list of things a doctor would test you for in a physical,” she said.

Ultimately, Kersh Wellness will return results of the assessment to employees and offer suggestions on how they can improve their health, Miller said.

The health risk assessment and blood tests are being required for all Bemis employees nationwide, both salaried and hourly, she said. The company has 36 plants nationwide, and about half are union.

“Everywhere else, it has gone smoothly” and without protest, Miller said.

Assessments and blood tests at the Terre Haute plant should be completed by Friday, she said.

Health risk assessments have been offered before on a voluntary basis. Employees who improved their health from one year to the next received discounts on their insurance premiums, she said.

Asked about whether it represented a contract violation for Bemis’ union workers, she said she couldn’t comment on the contract or contract negotiations. “I don’t have that information,” she said.

If employees don’t want the blood testing done by Kersh Wellness, they have the option of going to their own doctor, with test results then turned over to Kersh Wellness, Miller said.

Willis said that if employees go to their own doctor, they must pay for it.

Smith and other picketers were not pleased with the new company mandate.

“Shame on Bemis,” Smith said using a bullhorn as he participated in the picket. Other workers marched up and down the side of the road carrying signs that read, “Honor your contract,” “Unlawful activities behind these walls” and other phrases.

The assessment and blood testing also applies to spouses covered under the health insurance.

The company informed employees of the new mandate about 21⁄2 months ago, Smith said.

Smith maintains the mandate represents an invasion of privacy and a violation of workers’ civil rights. He believes it paves the way for health discrimination.

Alan Bryant, service representative for Local 1426, said, “These folks here are not troublemakers. They are basically people who want to come in and do their job. But this is getting to the point of wanting to get in their personal business, and there is no call for it.”

Sue Loughlin can be reached at (812) 231-4235 or sue.loughlin@tribstar.com.