May 06--NEW HAVEN -- The state Board of Labor Relations ruled that the city violated the state Municipal Employee Relations Act after two firefighters had pay docked without a formal hearing.
The board ruled that the city would have to pay Lt. Thomas Michaels for two days and Firefighter Darrell Brooks for one day of regular pay and charge them for use of sick days.
Michaels received a paycheck in August 2012 that had two days' less compensation than he would normally receive, according to the decision. He was unaware of why his pay was docked.
Michaels and Fire Union President Lt. James Kottage met with Assistant Chief Patrick Egan weeks later. It was disclosed that Michaels was denied two days of sick leave and was being charged with sick time abuse, according to the ruling document. Michaels was suspended for three days without pay and the union filed a grievance.
Brooks went through a similar situation in October 2012 and noticed that his check was for an amount less than he normally would receive. Brooks had letters in his personnel file from supervisors who wrote about his use of sick leave.
Brooks and Kottage went to a meeting with Egan in November.
A city official said that the Michael's and Brook's grievances about the matter had been settled between the union and the chief's office about a year ago. Grievances go through a different authority than a complaint about a violation of the MERA Act.
Kottage said he couldn't recall whether or not the specific grievances had been settled.
The union argued the city violated an established past practice of notifying union members of misconduct allegations and providing them with an opportunity to be heard prior to discipline being handed down.
The board found that the city had never, "unilaterally reduced an employee's pay without a hearing in response to reported sick leave abuse," between 1994 and August 2012.
"It's a shame that we had to go all the way to the state labor board to get a decision like this," Kottage said. "It's something that could've been talked about and negotiated."
It was ordered that the firefighters receive their pay and the city stop the practice of docking pay without a hearing before the fire chief or assistant fire chief.
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