The Palmerton Police Benevolent Association has charged that Palmerton Borough has engaged in unfair labor practice.

According to the complaint, officer Dane O’Brien used a contractual sick leave day on Jan. 23.

The borough accused O’Brien of abusing sick leave and initiated an investigation and disciplinary procedures, which resulted in O’Brien filing a grievance.

On March 11, the borough issued a response to O’Brien and said officers were suspected of abusing sick leave.

The borough said O’Brien has to submit a doctor’s certification for sick leave. “This requirement is regardless of the duration of the leave and effective for the following six months from the date of this letter. At the completion of the six-month period, this requirement will be reviewed to determine the future necessity of the directive,” the borough said.

The union responded, “Contractual leave, the usage of contractual leave, disciplinary procedures, administrative investigation policy and disciplinary burden of proof all constitute mandatory subjects of bargaining.”

The union said the borough did not bargain with the association before implementing the March 11 directive regarding O’Brien’s use of sick leave and medical certification notes.

“Using contractual leave time and filing grievances constitute protected union activities,” the union said.

This grievance is the latest of several filed by the association in recent months.

In January, the Palmerton Police Benevolent Association filed a grievance against the Palmerton Borough Personnel Committee on behalf of Officer Derek Koch, who it claims was denied overtime pay.

The benevolent association said the grievance is in reference to Palmerton Borough’s failure to pay an officer their overtime rate working overtime outside of their regular scheduled shift as defined in the collective bargaining agreement.

In February, three more grievances were filed against the borough; one on behalf of O’ Brien, who has been directed to obtain a doctor’s note; an incident involving officer Trevor Flexer, who was denied overtime pay contrary to the Collective Bargaining Agreement; and an incident in which officer Shawn Leadbetter used three hours of compensatory time in a 40-hour workweek.

Canfield has declined to comment on any of the grievances because she said she considers them to be personnel issues.