Baltimore County Loses Appeal on Policy Rewarding Police for Good Attendance

By Bryan P. Sears

Maryland Court of Special Appeals has ordered the county to participate in binding arbitration with the union that represents police officers over a discontinued attendance policy.

At issue is a fund the county discontinued in 2011 that provided money to officers to purchase $100 savings bonds provided they didn't use sick leave in the previous calendar year.

The Fraternal Order of Police Lodge 4, opposing the policy change, asked for an arbitration hearing saying the policy was subject to contract. The county refused.

Last year, a Baltimore County Circuit Court judge last year ordered the county to participate in the arbitration hearing. The county appealed saying the policy was not subject to the agreement.

In its 19-page ruling, the Court of Appeals said if Baltimore County's interpretation "would render the entire dispute resolution system outlined in the Employee Relations Act meaningless."

"As a consequence, when [the Baltimore County Circuit Court] stated 'if the parties by law or by contract agree to arbitration, you can't opt to not arbitrate, just because you don't want to go through the process.' Accordingly, we conclude that the circuit court committed no error" in issuing its order, according to the Court of Appeals ruling.