§393-19  Freedom of collective bargaining. (a)  In addition to the policy stated in section 393-2, nothing in this chaptershall be construed to limit the freedom of employees to bargain collectivelyfor different prepaid health care coverage, if the protection provided by thenegotiated plan is more favorable to the employees benefited than theprotection provided by this chapter or at least equivalent thereto, or for adifferent allocation of the costs thereof.  A collective bargaining agreementmay provide that the employer oneself undertakes to provide the health carespecified in the agreement.

(b)  If the employees rendering particulartypes of services are not covered by the health care provisions of theapplicable collective bargaining agreements to which their employer is a party,the provisions of this chapter shall be applicable with respect to them.  Anemployer or group of employers shall be deemed to have complied with theprovisions of this chapter if they undertake to provide health care servicespursuant to a collective bargaining agreement and the services are available toall other employees not covered by such agreement. [L 1974, c 210, pt of §1; amL 1978, c 199, §2; gen ch 1993]

 

Cross References

 

  Collective bargaining, see chapter 377.

 

Case Notes

 

  1978 amendment preempted by Employees Retirement IncomeSecurity Act.  594 F. Supp. 449.