NEPBA Lawyers win sick time buy-back arbitration for Rochester, NH Local 23

26 Aug

NEPBA Lawyers win sick time buy-back arbitration for Rochester, NH Local 23

NEPBA Attorney Peter Perroni recently won an important arbitration decision on behalf of NEPBA Local 23 (Rochester, NH Police Patrol Officers’ Union). NEPBA’s member, a police officer who was vested in the NH retirement system, but not yet eligible due to age, was denied contractual sick-time buyout based on the fact that he had to defer his pension to a later time. The NEPBA appealed to arbitration, and the arbitrator ruled that the NEPBA officer was nonetheless still entitled to receive contractual sick leave buyout. According to the arbitrator, by ordering the employer to pay the sick time buyout at the same time the employee begins to collect pension payments, both the intent and purposes of the CBA’s sick-time buyout clause are met, despite any particular contractual language included in the agreement.