Not true, our existing small business group plan allowed for employess to refuse to be covered as long as they signed a waiver.
This plan is no longer allowed under obamacare and there is no "grandfather" clause that would allow my employer to continue with the same exact small business group plan and coverage situation we have had for years.
Banyan News: Health Care Reform Bulletin Grandfather Clause
That has now expired since 2010, which is why I didn't have to change until now.
What you linked actually backs up what I was saying: (BTW I'm not union and we didn't collectively bargain for our insurance here)
Collectively bargained multi-employer and single employer plans in effect on March 23, 2010 are not subject to the Reform Act rules until the date on which the last of the collective bargaining agreements relating to the coverage terminates. At that time, a collectively bargained plan is then subject to health care reform rules and, assuming it remains grandfathered (based on the rules then in effect), it would have to comply with the requirements for grandfathered plans. The Reform Act specifically provides, however, that a collectively bargained plan is permitted to be amended early for some or all of the Reform Acts rules. This voluntary amendment will not be treated as a termination of the collective bargaining agreement which might otherwise subject the plan to an earlier Reform Act compliance deadline.
So your employer knew the plan he was signing you up for ran afoul of the law at the time he signed you up for it.