No Entitlement To Shift Differential While On Temporary Disability

Lodge 27 of the Fraternal Order of Police represents the police officers of the Township of Newton, Pennsylvania. Lodge 27 filed a grievance challenging the Township’s decision not to include night differential or “festive holiday compensation” during the time officers were off duty with job-related injuries.

An arbitrator ruled in the Township’s favor. The Arbitrator held that the collective bargaining agreement only required that night differential be paid for “all hours worked.” Similarly, the “festive holiday” contract clause is also limited to “actual hours worked.” Since officers on disability did not engage in “hours worked,” the Arbitrator reasoned that they were not entitled to either of the additional forms of compensation while on job-related disability leave.

Township of Newton, Pennsylvania, LAIG 6592 (Buchhelt, 2008).

This article appears in the July 2008 issue