This arbitration, involving two (2) nearly identical grievances, arose when the City required two (2) officers (Grievants) to use sick leave to cover periods of quarantine following exposure to and/or testing positive for COVID in early January 2022. The Grievants claimed this use of sick leave constituted a “lockout” in violation the “No Strike/No Lockout” provision in the Collective Bargaining Agreement (CBA) which stated that the Employer “shall not cause, permit, or engage in any lockout of the bargaining unit employees.”

The first Grievant, who was immunocompromised due to recent cancer treatment, tested positive for COVID. The second Grievant, who was pregnant and asymptomatic, was exposed to COVID following her husband’s positive test. Both were compelled to use their sick leave under City’s Administrative Order, which mandated ten (10) days of quarantine.

The FOP/OLC contended that forcing the Grievants to quarantine for ten (10) days and use their accrued sick leave (when CDC guidelines as of December 27, 2021 only required five days of quarantine) was a “lockout” which is prohibited by the CBA; that sick leave is used at the employee’s discretion and the City could not force employees to take sick leave; that the mandated sick leave was arbitrary and capricious because it was not based on any law, regulation, or medical standard. The FOP/OLC asserted that the City should have placed the Grievants on paid administrative leave rather than deducting from their accrued sick time.

The City responded that this was not a lockout and that its policy was based on prior CDC guidelines. It emphasized that sick leave according to the CBA could be granted by the Employer for exposure to contagious disease, and that management had the authority to require sick leave to prevent workplace spread. The City further noted that no grievances or objections had been raised previously regarding this longstanding policy, indicating the FOP/OLC’s implicit agreement.

The Arbitrator concluded that the term “lockout” referred to a labor relations tactic where an employer withholds work to force concessions from the union during a labor dispute. No such intent was present here. The Arbitrator found that the CBA allowed the City to mandate sick leave in cases of exposure to contagious illness. The City’s policies followed most CDC guidelines at the time and were applied uniformly to all officers.

Grievances denied.  

Employer:  City of Huber Heights                                                                      Date:  July 2023