In the Matter of: Town of Lexington and Car Memorial Library Staff Association (Wittner, Chair; Neumeier and Freeman, Board Members) (DLR) Laurie W. Engdahl for the town; Haidee Morris for the union (Case No. MUP-08-5313) (Dec. 9, 2010). The town unilaterally changed without bargaining to resolution or impasse before it stopped granting paid time off to employees without loss of vacation or personal time to observe certain religious holidays. The DLR found the town was obligated to bargain prior to making the change.
In deciding the case they stated “The record before us does not reflect whether employees who were denied paid time off for religious observances took those days off as unpaid or used personal or vacation leave and were paid. The purpose of our remedies is to restore employees to the same position that they would have been in but for the employer’s unlawful change. … Therefore, our Order requires the Town to make whole those employees who took their religious holidays off without pay. If employees used vacation or personal leave instead, the Order alternatively requires the Town to restore this time to their accrued vacation/personal leave balances.”
Attorney Ronald A. Sellon