Officer Not Entitled To Full Holiday Plus Additional Pay For Actual Hours Worked

Matthew Lackey is an officer for the City and County of Denver Police Department. On Sunday, May 29, 2011, Lackey began his regularly scheduled shift at 4 p.m. and concluded that shift at 2 a.m. the following morning on Monday, May 30, 2011. In that year, May 30 was Memorial Day, a recognized holiday pursuant to Article 11.1 of the collective bargaining agreement between Denver and the Denver Police…

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Arbitrator Not Required To Take Into Consideration Post-Hearing Economic Evidence

Where the negotiations process ends in arbitration, an employer or labor union seeking to challenge an arbitrator’s opinion has an extremely heavy burden of proof. Though the standard varies little from state to state – the arbitrator’s decision usually must be shown to be without any basis in fact or the product of fraud – some states, including New Jersey, require an arbitrator to specifically consider each of the…

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Holiday Pay Not Limited By Length Of Shift

The collective bargaining agreement between the City of Key West, Florida and the Florida Police Benevolent Association (PBA) contains a clause calling for premium pay for police officers assigned to work on holidays. The contract language refers to holiday “shifts.” For 16 years, the City’s payroll department had limited the amount of holiday premium pay to eight hours per day, without regard to the length of the shift worked…

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City Must Use Dedicated Sales Tax Revenues For Firefighter Salaries

The voters of the City of Crowley, Louisiana approved a sales tax proposition authorizing the City to levy and collect a sales tax of one-half of one percent whose proceeds are to be used for the purpose of City employees’ salary increase, with one-third of the levy proceeds paid to all fire personnel. Under Louisiana law, once an election is held wherein citizens approve a tax dedicated to one…

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No Implied Right To Cash Out Accrued Holiday Time

Brian White was a sergeant with the Clark County, Ohio Sheriff’s Office. When White voluntarily left the Sheriff’s Office to take a job at the State of Ohio Bureau of Criminal Investigation, the County refused to pay him 144 hours of holiday/personal leave that he had accrued. White’s labor organization, the Fraternal Order of Police (FOP), challenged the County’s decision in arbitration. An arbitrator sided with the County. The…

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