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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Hillsborough-northern judicial district No. 2006-911 JAMES M. STANKIEWICZ v. CITY OF MANCHESTER Argued: November 8, 2007 Opinion Issued: December 20, 2007 McDowell & Osburn, P.A., of Manchester (Mark D. Morrissette and Matthew G. Mavrogeorge on the brief, and Mr. Morrissette orally), for the plaintiff. City Solicitor's Office, of Manchester (Daniel D. Muller, Jr. on the brief, and Thomas I. Arnold, III orally), for the defendant. GALWAY, J. The plaintiff, James M. Stankiewicz, appeals the rulings of the Superior Court (Abramson, J.) denying his motion for summary judgment and granting the cross-motion for summary judgment of the defendant, the City of Manchester (City). The City cross-appeals the denial of its motion to dismiss for lack of jurisdiction. We affirm in part and reverse in part. The record supports the following facts. The plaintiff was hired by the Manchester Police Department in 1986. In 2000, he suffered a work-related injury. In 2004, he underwent surgery, resulting in his being absent from work from May 7, 2004, until October 17, 2004. Prior to his absence, the plaintiff

filed a workers' compensation claim with the City alleging that his 2004 surgery was necessitated by his injury in 2000. The City denied his request for workers' compensation benefits, but permitted him to use his accumulated sick leave credit for the time he was absent. After his claim for workers' compensation was denied by the City, the plaintiff sought a hearing with the New Hampshire Department of Labor. On February 2, 2005, following hearings with the department of labor and the New Hampshire Compensation Appeals Board, the plaintiff was awarded workers' compensation benefits. The City paid the award, but asked the plaintiff to repay the sick leave money he received during his absence because he had now received workers' compensation benefits for that time. The City informed the plaintiff that once he repaid the sick leave money, his sick leave credit would be restored. The plaintiff refused to repay the money, and his sick leave credit was not restored. In September 2005, the plaintiff filed a declaratory judgment action seeking restoration of his sick leave credit pursuant to section 33.064(B)(2) of the Manchester Code of Ordinances (MCO), which states: "Pending determination of compensation eligibility, the employee may receive sick leave benefits. On a determination of eligibility for compensation benefits, sick leave credit shall be restored." According to the plaintiff, the MCO entitled him to have his sick leave credit restored without having to repay the City. The City counterclaimed for repayment of the sick leave money, and moved to dismiss on the ground that the plaintiff's claim arose under the collective bargaining agreement (CBA) between the City and the police supervisors union and was, therefore, governed by the CBA's grievance procedures and arbitration requirement. See Agreement Between the City of Manchester, N.H. and the Manchester Association of Police Supervisors, Art. 7 (July 1, 2004

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