By David Worley
In a brief and straightforward decision in City of Benicia, 131 LA 1099 (Gentile, 2013), the arbitrator denied a higher rate of “educational incentive” pay to a California police officer when that rate awarded to police officers who were employed prior to a certain date, and the grievant was employed by the city prior to that date, but not as a police officer.
The grievant began his employment for the city in 1982 as a maintenance worker, and later, through a series of transfers, became a police officer. After receiving “POST certification”, the officer was awarded a Tier 2 educational incentive bonus of 5%. He asked the Administrative Services Director to move him to Tier 1, a bonus of 10%. This was granted, apparently for the simple reason that he had been employed by the city since 1982, but, when later reviewed by HR, was rescinded.
Notably, the MOU that set the standards for the Tiered Educational incentive bonus system stated:
Police Officers and Police Sergeants who were employed by the City on June 30, 1989, shall continue to receive…10% for attainment of an Advanced POST Certificate or Bachelor’s Degree.
Police Officers and Police Sergeants hired by the City on or after July 1, 1989 who qualify to receive Educational Incentive Pay shall be compensated 5.0% increase to basic pay per month.” (emphasis in original.)
The grievant attempted to argue that the educational incentive pay should apply to current police officers who were employed by the city in any job prior to 1989. The arbitrator had little trouble in coming to an opposite result.
Does the Grievant meet this eligibility requirement? The answer is “no”! The Grievant was neither a Police Officer nor a Police Sergeant on June 30, 1989. Admittedly, the Grievant was employed by the City, but, as already noted, not in these classifications. In argument the Grievant emphasized the phrase, “who were employed by the City on June 30, 1989”; however, this phrase is linked to the two classifications expressly modifying this phrase, namely, “Police Officers and Police Sergeants”.
