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Detective Entitled To Pay For Using Personal Vehicle Off Duty

The collective bargaining agreement between the Town of Warminster, Pennsylvania and the Warminster Township Police Benevolent Association (PBA) contains a clause requiring the Town to reimburse employees for the use of their personal vehicles and pay other expenses associated with official business. For many years, the Town had applied the clause to allow reimbursement for things such as gas mileage and meals associated with off-duty court appearances and training….

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Non-Disabled Deputies Lose Conspiracy Claim

The collective bargaining agreement between Multnomah County, Oregon and the Multnomah Deputy Sheriffs Association contained a “wage re-opener” clause allowing the Association to open negotiations on wages to be effective July 1, 2005. The wage negotiations dragged on, and a settlement was not reached until August 9, 2007. By its terms, the settlement only granted retroactivity to employees who were on the County’s payroll as of the date of…

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New Disciplinary Standards Must Be Negotiated

Employers who operate in a collective bargaining environment are restricted in their ability to make changes in past practices in the areas that are “mandatory” for collective bargaining. Mandatory subjects of bargaining are typically set by state statute, and are usually captured by some version of the rubric “wages, hours, and terms and conditions of employment.” Where a topic is a mandatory subject of bargaining, the employer is not…

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Retroactivity Language Applies To Grievance Procedure

Kitsap County, Washington and the Kitsap County Deputy Sheriff’s Guild have a history of not negotiating new contracts before an existing contract expires. The parties’ contract in effect between January 1, 2003 and December 31, 2005 was not negotiated until August 22, 2005. The 2006-2007 contract was not negotiated until July 24, 2006. During the period of time between the expiration of the previous collective bargaining agreement and when…

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Employer Allowed To Prorate Clothing Allowance

The collective bargaining agreement between the Worcester County Jail and House of Corrections and the Massachusetts Correction Officers Federated Union calls for the payment of a clothing allowance. The specific language of the contract states that the payment “shall be” issued on a pro rata basis depending upon the number of months of actual service by a corrections officer during the fiscal year. In spite of the fairly clear…

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Grievance Must Be Arbitrated If It Has ‘Reasonable Relationship’ To Contract

The Town of Cheektowaga, New York is party to a collective bargaining agreement with the Cheektowaga Police Club. The bargaining unit represented by the Club consists of officers below the rank of lieutenant. The Club filed a grievance challenging the Town’s decision that it promote one officer rather than another to the rank of lieutenant. The Club contended that the Town’s decision was impermissibly based on a non-successful candidate’s…

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Deputy Sheriffs’ Union Severed In Two

Michigan’s collective bargaining law prohibits public employees from striking. As a tradeoff for the prohibition against striking in police and fire disputes, the Michigan Legislature created a system of binding arbitration as the last step in the negotiations process. Only certain employees are eligible for arbitration, specifically “employees engaged as policemen, or in fire fighting or subject to the hazards thereof, emergency medical service personnel employed by a police…

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Officers’ Failure To ‘Punch In’ Does Not Negate Roll Call Pay

The Middlesex, Massachusetts Sheriff’s Office began a system of requiring officers to “punch in and out” of work at the beginning and end of their shifts. The employer issued officers identification cards which could be used for the “punch in” process. The employer also began not paying officers the roll call pay called for by the collective bargaining agreement when they failed to punch in or out. Under the…

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Arbitrator, Not Courts, Decides Who Should Be Grievant

The Hartsdale, New York Fire District is party to a collective bargaining agreement with Local 1586 of the International Association of Fire Fighters. When Local 1586 attempted to process a grievance to arbitration, the District filed a lawsuit to permanently enjoin the arbitration. The District’s theory was that under the collective bargaining agreement, only individual employees and not the union could refer a grievance to arbitration. An appeals court…

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Collective Bargaining Agreement Can Trump State Disability Law

The City of Coatesville, Pennsylvania falls in the category of a Third Class City under Pennsylvania law. The Third Class City Code requires cities to provide their police officers with a 50 percent in-service disability pension. Notwithstanding the provisions of the Code, the collective bargaining agreement between the City and the Coatesville Police Officers’ Benevolent Association (PBA) called for a disability retirement that varied depending upon the number of…

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