Q & A

From California Question: In our Collective Bargaining Agreement we are given vacation at an accrual rate based on our years of service. Several employees have noticed that their accrual rate was incorrect and has been for some time. Our employer has determined that it will not be giving employees any retroactive vacation time and will only correct their accrual rate to reflect the accurate rate. Deputies are losing anywhere…

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Cap On Vacation Payout Does Not Violate State Law

Ouachita Parish, Louisiana has a policy that terminating employees are able to cash out up to 320 hours of accrued vacation time. Vacation hours in excess of the cap are forfeited. Julius B. Ellerbe and Nolan B. Harrell retired from the Parish’s fire department with 31 and 29 1/2 years of service, respectively. At the time, the men had been on extended sick leave. During their extended sick leave,…

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Firefighters On Injured Status Entitled To Accrue Vacation Leave

When an arbitrator construed the collective bargaining agreement between the City of Worcester, Massachusetts and Local 1009 of the International Association of Fire Fighters to allow firefighters on injured-on-duty (IOD) status to continue to accrue vacation leave, the City challenged the Arbitrator’s decision in the Massachusetts Court of Appeals. Rejecting the City’s argument that the Arbitrator pulled his decision “out of thin air,” the Court upheld the arbitration award….

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Arbitrator, Not Court, Should Hear Vacation Dispute

Milwaukee County, Wisconsin and the Milwaukee Deputy Sheriffs’ Association are parties to a collective bargaining agreement. The contract contains an “incorporation” clause, providing that “all existing ordinances of the Board of Supervisors affecting wages, hours and conditions of employment not inconsistent with this agreement are incorporated herein.” The Association and a number of its members sued the County, contending that it was violating an ordinance dealing with the determination…

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Injured Officer Not Entitled To Pay For Vacation Hours

A police officer working for the Township of Upper Providence, Pennsylvania was injured on duty for the second half of 2007. As a result, the officer was unable to use 212 hours of vacation time he had available in 2007. The officer requested that he cash out for the unused vacation time. When the Township rejected the officer’s request, the officer’s labor organization, Lodge 27 of the Fraternal Order…

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Police Employee Terminated For Misconduct, Not For Alcoholism

Kathleen Nanos was an Office Support Specialist in the Stamford, Connecticut Police Department. Her general job duties included answering phones and serving members of the public who came to the records department. Nanos is an alcoholic. On three occasions in 2004, Nanos’ supervisors communicated with her regarding her use of sick and vacation time. The supervisors expressed concern that Nanos had used all of the time she had accrued…

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