Dept of Labor Relations Rules on Religious Holiday Changes

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

About Attorney Ronald A. Sellon

Ronald A. Sellon is a licensed Attorney in the state of Massachusetts and U.S. District Court, Massachusetts as well as a Sergeant with a Municipal Police Department and U.S. military Veteran. Additionally, he has taught Criminal Procedure at the Massachusetts State Police Academy in New Braintree and has written a text on Criminal Procedure for police field training officer programs. He is a graduate of the FBI National Academy, was a 2008 recipient of the Massachusetts Coalition of Police (Mass C.O.P.) Presidents award and holds a Bachelors Degree in Law Enforcement, a Masters Degree in Criminal Justice Administration, and a Juris Doctor Law Degree. Questions related to content material may be directed to RSellon@PoliceLegalPromotions.com
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