AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


Back to list of subjects             Back to Legal Publications Menu

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 Ma
terials 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).


Back to list of subjects             Back to Legal Publications Menu