FARMINGTON – Franklin County commissioners agreed last week that the transfer of sick time from a union employee to a nonunion worker needs to be addressed during the next round of contract negotiations.

After receiving a legal opinion from their attorney, Frank Underkuffler, commissioners decided the donation of sick time could cost the county more money.

An employee is allowed to carry up to 960 hours or 120 days of sick time.

“If the person who donates sick time to somebody in need and if that person already has 960 hours and can’t accrue anymore unless they use some, and they donate a week, the person who is sick will receive regular pay and then the person who donated the time could earn more sick time,” county Treasurer Karen Robinson said.

Without the donation, the sick person who has used all their accrued sick time wouldn’t get paid, she said.

“It’s an added cost to the county,” she said.

The issue arose after a nonunion employee ran out of sick time but was still ill, and jail Administrator Sandra Collins put out a notice asking for donations of sick time. Three union employees stepped forward to donate a week each.

After reviewing the union contract that covers corrections officers, deputies and dispatchers, Collins determined the transfer of sick time or personal leave was not addressed in the contract.

However, the county’s personnel policy allows the transfer of up to five sick days from one nonunion employee to another nonunion employee.

Sheriff’s Chief Deputy Ray Meldrum denied a request from a union employee to transfer the sick time because the contract was silent on the issue.

The issue was brought to commissioners in August. They said they had no problem with the donation of sick time but the union needed to submit a formal request.

Teamsters Union Local 340 representative Kenneth Eaton sent commissioners a letter dated Aug. 22 to clarify the situation and a memorandum of understanding to move forward with sharing sick days.

The union contract does not forbid a voluntary contribution of sick/personal leave to an employee, whether union or nonunion, Eaton wrote.

The union and the county, may enter into a memorandum of understanding to allow for the donation of sick/personal leave without the need to reopen the collective bargaining agreement, Eaton stated.

A win-win opportunity presents itself when any county employee can share their earned benefits with another county employee who is in need, fostering a strong working family bond, he wrote.

“By allowing this donation of sick/personal leave no additional expenses are incurred by the county,” Eaton wrote.

Underkuffler didn’t see it that way.

After reviewing Eaton’s letter, Underkuffler sent his opinion to commissioners.

The fact that the collective bargaining agreement is silent on the donation of sick time means that it is prohibited, not that it is permitted, Underkuffler wrote.

If, through negotiations, the collective bargaining agreement was amended and personal leave was made transferable without qualification, personal leave could become a commodity, he stated.

He doesn’t believe collective bargaining employees would be apt to abuse the benefit that came their way through negotiations by using it in an unintended way, Underkuffler explained. But in the unlikely event that did happen there is nothing the commissioners could do about it, except negotiate, and so far, Local 340 has never given up any benefit once it has been granted, unless they received in return what they consider a superior benefit, Underkuffler wrote.