Coba Alert

Arbitration Victory Concerning 207c Leave For Treatment

January 17, 2018

Message from 4th Vice President Dennis Maurus

Recently, we received from an arbitrator a great win for our membership!  As you know, under the NIFA Agreement, those receiving section 207-c and Workers' Compensation benefits are entitled to two hours for doctor's appointments, including evaluations, examinations, physical therapy and testing such as MRI's, EMG's, etc.  For those hired before June 1, 2014, the two hours returns to 4 hours effective January 1, 2018.  In a 207-c case, an officer was injured in the line of duty, and required follow-up treatment and tests.  The officer had an MRI and a doctor's evaluation in one day.  The union sought 2 hours per appointment.  

The Department believed that an officer was entitled only to two hours per day for 207-c related medical appointments (now 4 hours per day for officers hired before June 1, 2014).  The arbitrator, in rejecting the County's argument, held that if you, for example, have an MRI, then a doctor's evaluation, and then physical therapy in one day, you should get two hours for each - for a  total of 6 hours.  The arbitrator relied on the language of the NIFA 207-c provision, as well as the negotiation history between the union and the County.  In doing that, the arbitrator believed the union's membership was not limited to a cap of 2 hours per day for 207-c appointments.  If you have any questions feel free to give me a call.

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