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!