Lackawanna County must honor a former department head’s decision to give domestic relations workers an additional paid day off despite the perk not being in their union contract, the state Commonwealth Court ruled.
A three-member panel of the court said former domestic relations Director Patrick Luongo’s decision to give employees their choice of New Year’s Eve or Christmas Eve off with pay equates to a past practice, so the county is obligated to continue the policy.
The ruling, issued this week, stems from a 2015 grievance the Lackawanna County Adult and Juvenile Probation and Domestic Relations Section Employees Association filed that challenged the county’s decision to halt the practice in 2014.
According to the court records, Luongo instituted the informal “gift day” policy in 2001, with approval of then-President Judge Chester Harhut. The policy, which applied only to domestic relations employees, was never made part of any union contract, however.
Luongo, who retired in 2016, halted the policy in 2014, after county attorneys advised him it could create issues because adult and juvenile probation employees could file an unfair labor practice claim since they are part of the same union as domestic relations workers, but were not given the perk.
The union filed a grievance, and an arbitrator ordered the county in 2016 to reinstate the gift days. A senior Lackawanna County judge overturned that ruling. The union then appealed to the Commonwealth Court.
In its ruling reversing the county court decision, the Commonwealth Court panel said the county is obligated to abide by the policy because it allowed the benefit for years, which makes it a past practice. Prior courts held government bodies must honor past practices in certain instances, even if the issue is not addressed in a union contract.
It is not clear how many employees will be affected by the ruling or how much it will cost the county. It also is unclear whether the employees will be owed back pay for the days they were denied from 2014 to 2016, or if the county will be obligated to pay the benefit to adult probation and juvenile probation workers as well.
Joseph D’Arenzio, spokesman for the county, said he could not answer any questions regarding the matter because it involves litigation. Attempts to reach Stephen Holroyd, attorney for the union, were unsuccessful. The county’s attorney, Matthew Carmody, said county officials are reviewing the ruling and have not decided if they will appeal it further.
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