No Contractual Right To Moonlight For Different Police Agency

A detective with 28 years of service with the Town of Salem, New Hampshire Police Department applied to work an off-duty part-time patrol position for a neighboring town. When the Chief rejected the detective’s request, his labor organization, Local 633 of the International Brotherhood of Teamsters, challenged the Chief’s decision in arbitration.
An arbitrator upheld the Chief’s decision. For several years, the Department had maintained a general order prohibiting officers from engaging in off-duty work for another employer if the work required the actual or potential use of law enforcement powers. When the general order concerning off-duty work was enacted, Local 633 failed to challenge the rule. The Arbitrator thus concluded that the contract did not grant to employees any affirmative right to work off-duty employment in positions requiring the exercise of law enforcement authority, and that there was no past practice supporting Local 633’s arguments to the contract.

Town of Salem, New Hampshire and Salem Police Relief, International Brotherhood of Teamsters, Local 633, LAIG 6512 (Litton, 2006).

This article appears in the November 2007 issue