When the Village told the officer that he could not accrue any holiday or termination pay, or personal, sick, or vacation days during the disability period. the officer filed a grievance pursuant to the collective bargaining agreement between the Village and the Floral Park Police Benevolent Association.
The Village denied the grievance and the PBA filed a demand for arbitration contending that the underlying issue was a matter of contract interpretation. The Village then commenced an Article 75 proceeding seeking a court order to permanently stay arbitration.
Supreme Court ultimately granted the Village’s petition, which decision the Appellate Division affirmed.
The Appellate Division held that the benefits provided to a police officer pursuant to General Municipal Law §207-c are exclusive, and a collective bargaining agreement will not be construed to implicitly expand such benefits. Thus, said the court, “unless a collective bargaining agreement expressly provides for compensation or benefits to disabled officers in addition to those provided by General Municipal Law §207-c, there is no entitlement to such additional compensation.”*
Despite PBA's contention to the contrary, the Appellate Division found that the controlling collective bargaining agreement did not expressly provide that leave time accrues during the period that a disabled officer is not working and is receiving benefits pursuant to General Municipal Law §207-c. In the words of the court: “Had the parties intended to allow disabled officers to continue to accrue leave time during their period of disability, they could have inserted such language into Article XVI, Section 4, [of the collective bargaining agreement] but they did not do so. Under such circumstances, the dispute is not arbitrable.”
General Municipal Law§§ 207-a and 207-c - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder is available from the Public Employment Law Press. Click on http://section207.blogspot.com/ for additional information about this electronic reference manual.