Dear COBA Members;

Late yesterday, COBA received the Arbitrator's decision in the Class Action Grievance filed because COBA Members who reported to work during the pandemic were not credited with Compensatory Time while other employees were directed not to work.

Everyone should be very familiar with this case. For anyone who may not be familiar with the facts, the contract states the following:‍

Sec. 38-14.1

In the event of adverse weather conditions that have impaired the use of available transportation facilities, or for other extraordinary circumstances, the County Executive or the County Executive's designated representative may at the County Executive's or the designated representative's discretion direct an employee, or group of employees either not to report to work, or to leave work. The employee(s) so directed shall be deemed to be absent with pay and shall not be charged for any time and leave credits due to such excused absence.

Sec. 38-14.2

Any employee who is required to remain at work after the County Executive or designated representative has dictated that extraordinary circumstances exist for that particular geographic area or location within Nassau County, shall receive equivalent compensatory time off at straight time, hour for hour, as the employees who were sent home or directed not to work.

Sec. 38-14.3

Any such release of employees directly or indirectly affected does not create any right to equivalent timeoff by any other employee or group of employees, not so released.

Sec. 38-14.5

The existence of such extraordinary conditions during the employee's next regular workday, by itself, shall not automatically relieve the employee from work. It shall be the obligation of the employee to communicate with the employee's Dept Head to ascertain whether or not the employee must report to work. Such communication by the employee shall be prior to the employee's normal starting time.

Sec. 38-14.6

The County Executive or designated representative's discretion in the administration of Section 38-14 shall not be reviewable.‍

In his decision, the Arbitrator ruled (in summary) that this clause was not triggered because the County Executive did not direct people to leave work. In fact she deemed COBA Members as "Essential Employees" and as such must report to work particularly during extraordinary circumstances such as the pandemic.

He also ruled that even though the Dept did direct some employees to stay home, this was not as a result of the County Executive determining who should work and not work, but because Federal, State and Local Health Dept and CDC Guidelines directed they not work in order to control the pandemic.

The Arbitrator also ruled that the Union would have firm standing to pursue legal action against the County if the County Executive or designated representative directed employees to report to work against CDC and Health Dept Guidelines, also that the County Executive was required to send employees home because their personal physicians told the Dept that they are, or may be infectious with COVID-19.

Lastly, he ruled that the County Executive's "discretion" in the administration of this section of the contract, as written in Sec. 38-14.6 "shall not be reviewable" and as such, the Union cannot challenge that discretion in this particular issue.

While this is obviously a disappointing ruling we did realize there were hurdles to get past in our argument. We have conferred with our attorneys at length and are currently exploring our legal options to fight this case further.

We have 90 days from the date of issuance to dispute the Arbitrator's ruling in Supreme Court. I can tell you that is most likely going to be our next move.

If you have any questions, remember our General Membership Meeting is tonight via Zoom, where this case will be discussed in further detail.

Always In Unity;

Brian Sullivan, COBA President