AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Fringe Benefits
Office of Personnel
Management issues final rules on comp. time earned for travel, per 5 CFR
Part 550. 73 (103) Fed. Reg. 30455 (5/28/2008).
U.S. Office of Personnel
Management issues final regulations for compensatory time while in travel
status. 5 CFR Part 550, 72 (73) Federal Register 19093.
Arbitrator finds that a city violated the
bargaining agreement by declining to pay an officer a supplement for clothing
expense, even though he was on sick leave for more than ten months and
had no need to wear a uniform. City of Rocky River and Ohio PBA, AAA Case
#53-390-00725-05, 122 LA (BNA) 1072 (Cohen 2006). {N/R}
Arbitrator denies a union request for an
increase in a detective's clothing allowance. The city actually paid more
than surrounding communities and the fact that the IRS now requires employers
to withhold taxes on clothing allowances is not a valid basis for an increase.
City of Chehalis, WA (Police) and Teamsters Union, L-252, #15864-I-01-366,
116 LA (BNA) 1424 (Downing, 2002). [2002 FP Aug]
Federal employees may now retain frequent
flyer rewards, but cannot keep denied boarding compensation or select airlines
based on their awards system. "Federal Travel Regulation Using Promotional
Materials and Frequent Traveler Programs," 67 Federal Register
No. 71, pp. 17946-47 (Apr. 12, 2002). [2002 FP Jul]
Federal agencies now
have discretionary authority to use appropriated funds or funds otherwise
available to the agency to pay for (1) expenses for qualified employees
to obtain professional credentials (including professional accreditation,
state-imposed and professional licenses, and professional certifications)
and (2) for examinations to obtain professional credentials. Confidential,
policy-making, and policy-advocating positions are excepted from this benefit.
P.L. 107-107 § 1112 (2001) will be codified at 5 U.S. Code §5757.
[N/R]
Giving one employee severance pay did not
create a legal duty to provide severance pay to other employees, although
the courts will find an unwritten benefit plan if it is "a reality,"
citing 29 U.S. Code 1132(a)(1)(B). Sandstrom v. Cultor, #99-2331, 214 F.3d
795, 2000 U.S. App. Lexis 11670 (7th Cir.). {N/R}
Federal Office of Personnel Management issues
revised guidelines on the permissible personal use of Government equipment.
Policy on Personal Use of Government Office Equipment, posted Aug. 15,
2000. Full text: www.opm.gov/extra/itusepolicy.htm [2000 FP 153-4]
Federal appeals board upholds a 30-day suspension
of a Deputy U.S. Marshal who converted frequent-flyer miles he earned on
government business to his own use, taking 17 trips valued at $31,534.
Lewin v. Dept. of Justice, # DE-0752-96-0446-I-1, 74 M.S.P.R. 294, 1997
MSPB Lexis 537 (1997). {N/R}
California Attorney General rules that acceptance
of frequent flyer benefits by public officials does not violate laws prohibiting
them from receiving free travel, gratuities or discounts. Cal. Atty. Gen.
Opins. 97-301, 97 C.D.O.S. 4443. [1997 FP 118]
Connecticut city did not violate the rights
of captains by denying them some fringe benefits they enjoyed at lower
rank when they were members of the bargaining unit. Fennell v. Hartford,
238 Conn. 809, 681 A.2d 934 (1996). [1997 FP 88]
Illinois A.G. rules that sheriff's deputies
and jail personnel may purchase and eat meals prepared in the jail kitchen.
IL Atty. Gen. Opin. I-96-055 (12/30/96). [1997 FP 67]
City could reduce benefits paid to command
fire and police personnel; not a demotion requiring just cause. Helgevold
v. Civil Service Commission of Ft. Dodge, 367 N.W.2d 257 (Iowa App. 1985).