Feb. 12--SWANSEA -- Officer Ronald V. Thompson said he worked his 33-year career in Swansea thinking he would be compensated for his unused sick leave like past police chiefs and officers.
But Wednesday, the village denied a grievance from the police union, which said the patrol and sergeants' contract allows for 50 percent of an officer's accumulated sick time to be applied toward retirement.
Now an arbitrator will be asked to decide if Thompson and officer Terry L. Schmidt will get half of their unused sick leave when they retire this year.
"It's actually a pretty nasty game of bait and switch that has been played with these guys," said James Daniels, a Springfield-based attorney with the Fraternal Order of Police.
Village Administrator John Openlander released a statement that said the grievance was denied based on the village's interpretation of the union contract, and said he was advised not to comment further.
Thompson, 59, has accumulated 2,930 hours of unused sick leave. He believes the city code and union contract allows him to take half that time as paid time off when he retires in a few months.
Thompson said he often worked when he was hurt or sick because he wanted to save the time for major health emergencies and for retirement.
Schmidt has 463 hours of sick leave from his 39 years with the agency. He has to retire in December when he turns 65.
Schmidt said he didn't use much sick leave because, with only three officers and a sergeant per shift, the agency depends on him to show up for work. Plus, he loves his job.
"It was easier to suck it up, go in there and work, rather than to put a burden on the other officers, especially when it was busy," Schmidt said. "Hopefully the city will understand we've been there forever and we didn't abuse our sick leave."
Thompson and Schmidt will be among the first to retire under the current contract, which was negotiated three years ago and expires April 30.
The crux of the dispute is the village and police union's different interpretations of the section on sick leave.
The union contract states: "There shall be no limit on the accumulation of sick leave; however, no payment for unused sick leave shall be made at the time of retirement, resignation, or termination; except that up to fifty (50%) percent of accumulated sick leave may be applied towards an officer's retirement as provided by statute."
The Swansea Municipal Code states: "Fifty percent of accumulated sick leave shall be applied toward retirement, i.e. An officer with accumulated sick time of 100 days will cease work but will continue to receive regular pay and benefits for the 50 days prior to effective retirement date."
The village's statement said the union contract supersedes the municipal code.
Daniels said both contracts allow for the same benefit.
Daniels said the village and union could agree, at best, that the contract's wording is ambiguous because of the word "may" in the union contract, but the municipal code is explicit.
He filed a grievance on behalf of all patrol officers and sergeants after he learned that Schmidt and Thompson may not get their sick leave benefits.
Daniels believes an arbitrator would rule in the officers' favor because there's a long history showing that the village gave the benefit to other officers. Also, the union never intended to concede the benefit and such a change was not discussed in contract negotiations.
Daniels asked trustees during a Personnel Committee meeting on Monday to consider options other than arbitration.
The union is also open to discussing new ways to administer sick leave benefit, such as paying retired officers in cash installments, because it hurts police departments to have retired officers on the books and the slots aren't filled.
"These gentlemen here have racked up a large amount of sick time," Daniels said. "Don't mistake me, I understand the need to be prudent here, but I also have an obligation to look after their rights."
He said the officers had many days in their career when they felt lousy but worked anyway.
"People who have that attitude are a good example for the younger officers," Daniels said. "If the message sent is there's no benefit to not call in sick, it would hardly encourage them to have the same work ethic."
After Daniels' appeal, trustees went into executive session for 38 minutes, at village attorney John Kurowski's advice, to discuss the grievance and possible arbitration. The board did not take any action after executive session.
Daniels said he received a letter from the village denying the sick leave accrual benefit request two days later and he then filed for arbitration Thursday.
Next, the village and union will use the Federal Mediation and Conciliation Service to decide on an arbitrator, who will decide on the case within 30 days of a hearing.
It's unclear whether the hearing will be before the police officers' agreement expires April 30 and what effect arbitration will have on impending contract negotiations.
Swansea's 19 sergeants and patrol officers are in separate bargaining units but their contracts are similar. The contract allows both units to accrue sick leave at a rate of 12 hours per month because they work 12-hour shifts.
Thompson said he accrued 10 hours per month when the department ran on 10-hour shifts.
On average, police employees have 924 hours of unused sick leave based on numbers from January.
After Thompson, Police Chief Michael Arnold has the highest amount of unused sick leave in the department with 2,348 hours. It's unclear what sick leave benefits Arnold or the deputy chief will get because they are not part of the union.
Policies on sick leave benefits at retirement vary among police agencies in the metro-east. For example:
-- In Belleville, union police officers who retire with 20 years or more of service are compensated for their unused sick leave: They get $1.50 per hour for the first 1,000 hours of unused sick leave and $3.75 per hour for the remaining hours.
Officers can get a check or they can put the money toward an account for city health insurance, which they pay for out of pocket after retirement.
-- In Fairview Heights, union police officers who retire with 20 years or more, and are not eligible for Illinois Municipal Retirement Fund benefits, are reimbursed for accrued sick leave.
Compensation is for time more than 1,000 hours up to 1,440 hours at 50 percent of the officer's final rate of pay.
The city issues one check payment or two installments on July 1 and Jan. 1.
Contact reporter Jacqueline Lee at [email protected] or 239-2655.
Copyright 2012 - Belleville News-Democrat, Ill.
