title
ARBITRATOR DECISION IN FRATERNAL ORDER OF POLICE, GATOR LODGE 67 vs. CITY OF GAINESVILLE (NB)
recommendation
The City Commission authorize the City Attorney to file an action challenging the Arbitrator's Award.
explanation
In the spring of 2006, as a result of having used its entire overtime budget for the year by fiscal mid-year, the police department began to look at what overtime was being used for and where cuts might be possible. In evaluating overtime in the form of holiday pay (officers receive either extra time off or double time or double time and a half for working holidays), the department determined that it could cut down on the number of employees working a holiday without affecting levels of service. Accordingly, management issued a directive that holiday work would be limited to those who were needed to work on that day, a decision to be made by management. In other words, management would determine the level of service and schedule employees to work as needed.
The Fraternal Order of Police (FOP), representing the sworn personnel in the ranks of officer, corporal, and sergeant, filed a grievance alleging that the City violated the Collective Bargaining Agreement. They argued that as long as the holiday fell on their regularly scheduled work day, it was their decision unilaterally whether to work the holiday and receive the overtime compensation, regardless of whether the City needed them to work. So, if 15 detectives wanted to work a holiday, all could work even though the City only needed 3 on duty.
The matter went to arbitration in June 2007. On September 13, 2007, the arbitrator issued his decision in the case. In that decision, the arbitrator found that the contract provided that if a holiday fell on an employee's regularly scheduled work day they were entitled to holiday pay regardless of whether the City wanted them to work. The arbitrator's decision cannot be reconciled with the contract as a whole, and the...
Click here for full text