December, 2020
Dear CORE of OEA Members:
By now, many of you have heard that David Cook--our advocate, partner and, most
importantly, our friend--has passed away.
I write this with hesitation because I had planned to share these thoughts with David
before his death this month. So, this will serve as a way to express my personal feelings
about David. And, in effect, I speak for all of you.
It began in 2004, when four of us from the OEA retiree ranks went to Cincinnati seeking
legal advice on how to handle OEA’s unilateral termination of our post-65 health care
coverage. David M. Cook, LLC was recommended to us through the National Retiree
Network as we tried to figure out the best way to challenge OEA’s decision.
We generally knew of David’s reputation as a skillful counselor in dealing with issues
affecting union members and retired employees. But, through the years of providing
advice, we grew to consider David one of our family, much more than an attorney and
legal counsel.
Some of us are in the process of writing the history of our struggle to regain health care.
David needs to have a special chapter in that unfolding document.
In retrospect, David was the guiding light in helping CORE gain the eventual legal
victory (under great odds), leading to the creation of SEARV Trust. That Trust is the
foundation of our medical coverage for the rest of our lives!
What may have been forgotten in the long struggle was an attempt by OEA legal
counsel to have David dismissed as our attorney. In a key part of our battles, OEA filed
a false complaint with the Ohio State Bar Association seeking his removal. A motion
was made in court to have him terminated as our attorney of record because we did not
have sufficient finances to pay for litigation. Both attempts failed!
After a bad summary judgement from the United States District Court Southern Division,
we appealed our case to the Sixth District Court. Through David’s determined
representation, the matter was reversed and sent back to the lower court.
Eventually, CORE would receive a financial settlement that is the basis for SEARV and
its presence today of providing unparalleled advice and benefits in medical coverage.
In the 16 years that I have known David we had literally hundreds of conversations,
uncounted e-mails, and reams of correspondence. Those relationships went far beyond
legal advice from an attorney-client point of view.
With David’s help CORE was able to keep it’s finances above water. It was a true
challenge in the long-drawn out legal procedures.
After the settlement in May, 2010, SEARV was created to serve as the Trust to oversee
the funds that pay for our health insurance.
Since its inception, David helped us with the selection of partners that are providing the
support for our very successful Trust. Today, in these turbulent economic times, the
Trust has improved its financial underpinnings. Put simply, the Trust is stronger than
when it was created ten years ago! We owe much of that success to the guidance of
David in how to set up and administer a health care trust.
When you see the $30 in your check book each month to pay for our growing retiree
post-65 health care provisions, take a moment to think of David Cook.
We are thankful to have been part of a life well lived.
John L. Wardell
Chairman, SEARV Trust
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