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NEPBA & Nolan Perroni, PC win Arbitration case for NEPBA Local 550

Sick Time Abuse Meetings Arbitration

NEPBA Attorney Gary Nolan recently won an arbitration decision upholding significant past agreements governing sick time abuse investigations.

The arbitrator ruled that several actions by the Sheriff that led to this case should cease and desist.  As a result of the arbitrator’s ruling, the Worcester County Sheriff:

 

  • Will no longer be able to hold sick time meetings where there is no actual suspicion of abuse.

 

  • May not hold sick time meetings based solely on an employee’s use of more than 40-hours of sick time.

 

  • Will no longer be able to hold sick time meetings based on an employee’s pattern of sick time use where an employee has used 40-hours or less sick time and has provided proper documentation where applicable.

 

  • Will no longer be able to issue baseless discipline to employees as a “placeholder to memorialize a meeting” where no finding of fault or rule transgression occurred. The arbitrator held that such discipline, as was issued here, is “simply not sustainable as a matter of equity and sound practice.”  The employer was ordered to cease and desist issuing discipline in such instances.

 

  • Will no longer be able to ignore the parties 2014 Settlement Agreement which requires the Sheriff to inform employees before any such meeting that they are in fact suspected of sick time abuse, and to also explain the reasons why abuse is suspected.

 

  • The Sheriff had argued that they were not bound by this agreement, and also claimed, both in its grievance denial and through witnesses, that they did give such notice to employees. However, it is clear that the arbitrator did not credit the testimony of the Sheriff’s witnesses, as he found specifically that “The Employer violated the contract by not informing officers that the sick leave meetings conducted by AS Trainor following the sick leave audit conducted by AS Rives were sick time abuse investigations conducted pursuant to Article 17, Section 5.”

 

 

Nolan Perroni, PC win Arbitration case for Worcester County Sheriff’s Office – Sick Time Incentive

Nolan | Perroni, PC and NEPBA recently won an important class action arbitration decision that will benefit members of six (6) Worcester County Sheriff’s Office academy classes – dating back to 2018. As a result, retroactive, bonus personal days will be granted for qualifying officers.

NP’s attorney Gary Nolan represented the Union at arbitration.

In the case, the Union argued that (1) the previous practice of waiting 6 months plus one quarter before a “bonus personal day” could be earned was replaced by the State Sick Time law’s waiting period of 90-days; and that as a result, (2) probationary officers began to earn bonus time immediately upon completing the 90-day period. The Worcester Sheriff’s Office denied the union’s request for all academy classes, and despite the changes in the law and in the CBA, the Sheriff was continuing to make new officers wait a full nine (9) months before they could receive any bonus time.

The arbitrator held that “the contract favors the Union’s interpretation of the contract in large measure,” and agreed with the union that “with the removal of the six-month bar for earning paid sick leave, the parties tacitly agreed or should have understood that the benefit would be awarded to officers who have earned and may take paid sick leave provided he or she does not use a sick day in the qualifying quarter.”

To read the decision, click here.

Source: Legal
Nolan Perroni, PC win Arbitration case for Worcester County Sheriff’s Office – Sick Time Incentive

Nolan | Perroni, PC wins Sick Time Abuse Meetings Arbitration

Nolan | Perroni, PC and NEPBA recently won an arbitration decision upholding significant past agreements governing sick time abuse investigations. NP Attorney Gary Nolan represented the Union.

The arbitrator ruled that several actions by the Sheriff that led to this case should cease and desist. As a result of the arbitrator’s ruling, the Worcester County Sheriff:

• Will no longer be able to hold sick time meetings where there is no actual suspicion of abuse.

• May not hold sick time meetings based solely on an employee’s use of more than 40-hours of sick time.

• Will no longer be able to hold sick time meetings based on an employee’s pattern of sick time use where an employee has used 40-hours or less sick time and has provided proper documentation where applicable.

• Will no longer be able to issue baseless discipline to employees as a “placeholder to memorialize a meeting” where no finding of fault or rule transgression occurred. The arbitrator held that such discipline, as was issued here, is “simply not sustainable as a matter of equity and sound practice.” The employer was ordered to cease and desist issuing discipline in such instances.

• Will no longer be able to ignore the parties 2014 Settlement Agreement which requires the Sheriff to inform employees before any such meeting that they are in fact suspected of sick time abuse, and to also explain the reasons why abuse is suspected.

• The Sheriff had argued that they were not bound by this agreement, and also claimed, both in its grievance denial and through witnesses, that they did give such notice to employees. However, it is clear that the arbitrator did not credit the testimony of the Sheriff’s witnesses, as he found specifically that “The Employer violated the contract by not informing officers that the sick leave meetings conducted by AS Trainor following the sick leave audit conducted by AS Rives were sick time abuse investigations conducted pursuant to Article 17, Section 5.”

To read the decision, click here.

Source: Legal
Nolan | Perroni, PC wins Sick Time Abuse Meetings Arbitration