On July 13, 2009, a Correctional Officer from the Hampshire County Sheriff's Department was issued a "Ten day letter" regarding his use of sick time.  This was is clear violation of the contractual language regarding sick leave.  According to Hampshire County Sheriff, Robert Garvey, the practice of giving a "Ten Day Letter" has been in existence for the past twenty-three years since a union was in place. 

The department produced 299 "Ten Day Letters' as proof that they had established a past practice with this issue.  Arbitrator Theodore O'Brien disagreed with the department's interpretation and ordered the letters removed from the files.  The letters can only be issued after 15 days of sick leave have been used in a one year period as is stated in the CBA.

According to local president Bill Martinez, "The members were just happy that the issue went to arbitration because the prior union never even filed grievances against the Sheriff."  "We are thrilled to have a union that stands up for its members." 

NCEU president Michael Nessinger stated, "This is an enormous victory for the hard working men and women of the Hampshire County Sheriff's Department.  They can rest assured that they will not be unjustly punished by an autocratic Sheriff just because the prior union chose to not challenge him when the contract was violated."