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Posted: 1/10/2005 8:56:07 AM EDT
[Last Edit: 1/10/2005 9:48:40 AM EDT by Ghostface]
We have formed a union and we are now under contract. We are small sheriff's deptartment, 135 employees with close to 50 being deputies. Our admin captians were allowed into the union but not with out serious discussions from both sides. Our captains pretty much make policy and have the boss' ear big time. In the past we were on a 86 hour pay period and many times we have gone to court, training and call outs with out getting paid. in the past when we have worked beyond our 86 hrs we have been sent home early in order to avoid over time.


Our pay period has now been reduced to 80 hrs. We have an article that covers court time. It says that we will recieve at least 2 hrs of applicable rate of pay. Now here is the problem. They, our captians, our union brothers are not wanting to honor this agreement because it is going to cost them. They are wanting us to apply court time, call out time and firearms towards our 80 hrs because there are times when most will not work 80 hrs all of the time because of our rotating 4 on 2 off schedule. This is a way of reducing our overtime. The article was put in the that way employees would get paid at least straight time for going court, call outs or firearms outside of their regular schedule.

I know how to handle this part of the problem, they are locked in on this because of the contract. They want us to agree to put this time towards our  80 hrs that way the can send us home early in order to avoid paying us overtime.

Here is my question for you all, can they employer send us home early even if we do not want to go home  in order to avoid paying us overtime? This was not addressed in our contract. Our union president has contacted the attorney who negotiated for us but he has not heard from him and I doubt that he will ( another long story). I looked at the FSLA for police but it does not address being sent home early against your will in order to avoid overtime.


If you respond, please post something that you know for sure. I need to find out ASAP because it's getting ready to hit the fan and I need some ducks lined up before I act.


Thanks!
Link Posted: 1/10/2005 9:29:41 AM EDT
Link Posted: 1/10/2005 9:33:38 AM EDT
Link Posted: 1/10/2005 9:46:04 AM EDT
When we have our new elections this more than likely will happen.



I did not think an employer could send you home on a moments notice in order to avoid over time.


Any way I 've been looking at case law and forced time off. I have found some opinions written on it by Justice Thomas and it seems to support us and on the other hand I have seen some that supports them.

Keep it coming fellas...I need your help!
Link Posted: 1/10/2005 6:49:49 PM EDT
I agree with the others, get em out and keep em out. I think your'e going to have to clarify the language in the contract. Employers send employees home all the time to avoid OT. It's going to come down to contract language whether this can be done in your agency.

It will be a never ending battle between the union and the employer over contract language. Employers hire specialists to advise them as to how to turn contract language in thier favor. Your union will need a specialist to combat thier efforts.

Good luck!
Link Posted: 1/10/2005 7:25:06 PM EDT
Link Posted: 1/10/2005 7:40:32 PM EDT
[Last Edit: 1/10/2005 7:42:12 PM EDT by colt_5_5_6]
figure your salary like this say they budget 30,000. 00 for a deputy that 30,000.00 needs to be divided by the number of hours you are schedualed for. Not the 86 every 14 days or 2236 per year. Next get the supervisors to quit or vote them out of the union. It is like this they will still benifit from any postitives gained by the union but they do not need to be in the union or have a vote in any union buisness. And hire or find an attorny who specializes in labor law or unions to help you.

Edit: I do not think you are entitled to or garunteed overtime unless it is in the contract, so yes they could send you home.
Link Posted: 1/11/2005 1:23:39 PM EDT
Getting the captians out won't be a p[roblem but it won't happen soon. We don't even have our bilaws written yet. After the bilaws are wrtitten, we are to have a new election and I think I know who the new president will be, I know how he feels about it too.


I think we wil be screwed on being sent home but not on getting paid for those few occassions. thanks for all of your input and IMs. I will follow up with you guys once this issue has been settled. You all stay safe!
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