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555 U.S. Highway One South Suite 240 Iselin, NJ 08830 Phone: 732.636.0040 |
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WELCOME to the Law Firm of Mets Schiro & McGovern, LLP |
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Firm News — Case Decisions Arbitration Award : Township of Middletown v. PBA Local 124 The question in this case was whether the Township had to pay its officers for their attendance at a psychological evaluation that was mandated by the Township as a condition of promotion. In this case, eight officers were sent for an evaluation over the course of two days in July 2010. Six of the officers were sent while they were on duty, and they were all paid for the day. Two officers were sent on their day off, and when they sought compensation of their attendance, the Township refused. PBA 124 pursued the grievance on behalf of those two officers, arguing that attendance at a psychological evaluation mandated by the employer as a condition of promotion constituted “work” under the collective bargaining agreement. Arbitrator Hartigan agreed, finding that since the other six officers had been paid, and since the Chief of Police admitted that attendance at the exam was sufficiently “work-related” to justify paying those six officers, that the Township had treated attendance at the exam as work for the purpose of compensation. The Arbitrator rejected the employer’s defense that attendance was “voluntary,” finding that the exam was required by the Township as a condition of promotion. Police unions which have a similar requirement imposed by their employer should review this decision carefully to determine whether such an action would be appropriate under their particular contract, given the arbitrator’s findings. Click here to read the decision. Posted — 06.28.2011 |
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