Officer Loses Shift Differential When On Job-Related Injury Leave

A police officer with Darby Township, Pennsylvania went on “injured on duty” status in March 2003. When the Township refused to include the night differential he formerly received in his injured on duty pay, the officer’s labor organization, Lodge 27 of the Fraternal Order of Police, challenged the Township’s decision in arbitration.

An arbitrator upheld the Township’s arguments. The Arbitrator pointed to language in the collective bargaining agreement limiting the night differential to any hours worked between 4:00 p.m. and 8:00 p.m. As the Arbitrator ruled, “it is obvious that the grievant was not working during those hours while he was on IOD status. Working between 4:00 p.m. and 8:00 p.m. is a condition precedent to receiving this extra pay, and there is no explicit exception in that paragraph or elsewhere which provides that night differential should be paid to officers, not working those hours, who are on IOD leave.”

Darby Township, Pennsylvania, LAIG 6233 (Brogan, 2005).

This article appears in the June 2005 issue