Sergeant Entitled To Premium Pay While On Disability

A sergeant with the City of Peekskill, New York Police Department received $5,000 per year for acting as senior Narcotics Investigation Unit supervisor. When the sergeant went on disability status, the City discontinued his premium pay. The sergeant’s labor organization, the Peekskill Police Association, challenged the City’s decision in arbitration.

An arbitrator upheld the Association’s grievance. The Arbitrator concluded that the premium pay “was not payment for hours actually worked in the same sense as shift differential payments. The hours actually worked for purposes of shift differential payments contemplates the fact that an employee, during the course of the work year, will be spending hours at work on undesirable shifts and, quite possibly, other hours of work on more desirable shifts for which there is no shift differential payment. In the instant case, the sergeant’s additional payment was part and parcel of the supervisory duties that attended his regular full-time duties as a sergeant.”

City of Peekskill, New York, LAIG 6826 (Selchick, 2010).

This article appears in the August 2010 issue