MassCops - Massachusetts Law Enforcement Network, A Mass Police Web Portal

Massachusetts Law Enforcement Network

Massachusetts Police News, Information and Discussions on MassCops



Pages: 1

Main Page

overtime/call in

(Click here to view the original thread on the MassCops Message Board)


Posted by: testtaker

I understand that there is a decision out there that defines what a call back is and that even if an officer gets call back 10 minutes early from the locker room, they can get a 4 hour minimum.

Does anyone know that decision?



Posted by: 94c

Do you mean "call out?"

If so, it only applies before the start of a shift.



Posted by: testtaker

yes "call out" (or call in) whatever - but yes, this decision would only effect those called back to work, not held over - but it is important for me to get the actual decision



Posted by: 94c

Alot of it has to do with your collective bargaining agreement.

For example, the Fair Labor Standards Act says that overtime is anything worked in excess of 40 hrs a week.

Our contract says anything over 8 hrs a day is overtime. Our contract also defines what a call out is and what the minimum is. In our case it's just 3 hours.

I'll have to call a higher power.



Posted by: testtaker

I understand that, but this particular incident went to arbitration/trial - I am looking for the case - I don't care pontificate about meanings and rumors - there is a case and i am looking for facts!

Ty anyways

Actaully FLSA - doesn't really care about the 40 hour week - they talk about the number of hours versus the number of days - hence the 7 day and 28 day work schedules.

If you get the higher power, can he find the case?



Posted by: 94c

Good Luck. Let me know if you find it.

All I learned is that you can be ordered to work overtime. If there is any conflict on how you are paid, then the language of the collective bargaining agreement prevails.

Use some of your pis and vinegar to fight for better language in your CBA.

We've been fighting for a long time for a 4 hour minimum.
If it was that easy then I would hope some of our smarter negotiators/lawyers would have figured that out by now.

If anyone else has heard of this let me know. I'd also like a four hour minimum.



Posted by: testtaker

The four hour minimum is contractual - the definition of a "called back" is what the issue of the case surrounded. Is an officer "called back" is he is already at the station preparing for his/her shift? The case I am talking about is "yes" he is called back and would get the minimum # of hour dictated by the contract - in our case is would be 4 hours.

I am sorry if I came across as "piss and vineger", I just don't want this thread to go on what people think it means - I really am only looking for the case and its specifics - I think it is a Fitchburg case, but I am not positive.



Posted by: midwatch

Am I understanding you correctly? One of your guys was in the locker room getting ready for his shift and he was ordered to work 10 minutes early? And for this 10 minutes he wants to put in for 4 hours OT under your "4 hour callback" provision?



Posted by: testtaker

Yes, that is correct!



Posted by: soup

Quote:
Originally Posted by midwatch
Am I understanding you correctly? One of your guys was in the locker room getting ready for his shift and he was ordered to work 10 minutes early? And for this 10 minutes he wants to put in for 4 hours OT under your "4 hour callback" provision?
That's called double-dipping. If i was called in 10 minutes early from the locker room, I would be eligible for 1 hour at time and 1/2.

I'm not quoting directly because I don't have a copy in front of me, but our CBA states that if an officer is called in to supplement a shift then the officer is paid time and 1/2 at a four hour minimum. If the chief or his designee decides that the officer is finished before the four hours is up, then the officer can be dismissed, but remains on call for the remaining time and must report back to the station if called in. It specifically states that if the officer is scheduled to work in less than 4 hours (if he is called in early for his shift) or held over after his shift ends, then he is paid hour for hour at time and 1/2 until the beginning of his shift, then he goes to straight time. I actually filed a grievance on this issue and it was close to the end of our contract so the town denied the grievance, but stated that they were willing to bargain when the time came. We then bargained it in quite easily. I don't know of any arbitrators decision that would guaranty 4hrs for a call in, if anyone knows of one, that would be great.



Posted by: 94c

Quote:
Originally Posted by soup
That's called double-dipping. If i was called in 10 minutes early from the locker room, I would be eligible for 1 hour at time and 1/2.

I'm not quoting directly because I don't have a copy in front of me, but our CBA states that if an officer is called in to supplement a shift then the officer is paid time and 1/2 at a four hour minimum. If the chief or his designee decides that the officer is finished before the four hours is up, then the officer can be dismissed, but remains on call for the remaining time and must report back to the station if called in. It specifically states that if the officer is scheduled to work in less than 4 hours (if he is called in early for his shift) or held over after his shift ends, then he is paid hour for hour at time and 1/2 until the beginning of his shift, then he goes to straight time. I actually filed a grievance on this issue and it was close to the end of our contract so the town denied the grievance, but stated that they were willing to bargain when the time came. We then bargained it in quite easily. I don't know of any arbitrators decision that would guaranty 4hrs for a call in, if anyone knows of one, that would be great.
I agree, that is why I was trying to make the point that it was a contractual issue with Testtaker. If I'm scheduled to work at 4PM and get called in at 3:30PM I get a three hour minimum at time and a half. It's not considered double-dipping since it's spelled out in our CBA. (any call-out prior to a shift is an automatic 3 hr. minimum.)

I'm fairly certain that somewhere in Chapter 150E (collective bargaining), it states that if any conflict arises out of wages then the collective bargaining agreement has the final say.

I'm also fairly sure that the Fair Labor Standards Act refers to this also.



Posted by: chief801

Where's the flexibility? How about, "Joe, can you book on 10 minutes early, we need you, and in return I'll cut you out an hour early tonight or you can report an hour late tomorrow?" Something like this should never become a contract issue...typical of our profession...we paralyze ourselves with greed, brass included.



Posted by: 94c

Quote:
Originally Posted by chief801
Where's the flexibility? How about, "Joe, can you book on 10 minutes early, we need you, and in return I'll cut you out an hour early tonight or you can report an hour late tomorrow?" Something like this should never become a contract issue...typical of our profession...we paralyze ourselves with greed, brass included.
99% of the guys wouldn't even care. It's the 1% that will make the issue out of it.

But it's the same 1% that will later ask you if he can cut out 15-30 minutes early because of "x,y, or z"



Posted by: chief801

Quote:
Originally Posted by 94c
99% of the guys wouldn't even care. It's the 1% that will make the issue out of it.

But it's the same 1% that will later ask you if he can cut out 15-30 minutes early because of "x,y, or z"


So true...



Posted by: LA Copper

Quote:
Originally Posted by testtaker
Yes, that is correct!
If I'm understanding this correctly, it's got to be one of the most greedy and selfish things I've ever heard of in our profession. Please tell me that's not true.

What happpened to taking an oath to serve and protect the public? Ten extra minutes and the guy wants four hours... Have that guy come out my way and I'd like to work along side him for a few hours in my area and see how he operates. What department does he work for?

Overtime with my department is an hour by hour basis. If that greedy guy were to put in for 10 minutes overtime out here, he would get only the 10 minutes. Even then, everyone would look at him funny and probably make fun of him.

Does this same guy put in a deduct when he gets off work 10 minutes early?



Posted by: midwatch

Quote:
Originally Posted by LA Copper
If I'm understanding this correctly, it's got to be one of the most greedy and selfish things I've ever heard of in our profession. Please tell me that's not true.
This is what I was thinking. Testtaker, one of your guys actually thinks he deserves 4 hours because he was asked to come on 10 minutes early? I can't believe that your union board actually pushed this issue as far as it has. If this is a major issue then please tell me where you work so I can transfer to Shangri-la.



Posted by: soup

Quote:
Originally Posted by midwatch
This is what I was thinking. Testtaker, one of your guys actually thinks he deserves 4 hours because he was asked to come on 10 minutes early? I can't believe that your union board actually pushed this issue as far as it has. If this is a major issue then please tell me where you work so I can transfer to Shangri-la.
If a guy on my department needs relief from his shift early, he justs asks someone for the following shift to come in early. That is between those two guys to "pay one another back." I'm not saying that if I start work ten minutes early I would put in for an hour, only that I could. I can't believe that a dept would even break an hourly rate down to pay someone for ten minutes. Our grievance was filed because guys were called in and were sent home 10 minutes after they got there. Some of them drove 30-45 minutes to get there and then 30-45 minutes home again and the chief paid them 1 hour. It is more for the guy that is called in on his day off. I can't see coming in 2 hrs before your shift starts and expect to get four hours ot when you would have been there anyway.



Posted by: LA Copper

Quote:
Originally Posted by soup
If a guy on my department needs relief from his shift early, he justs asks someone for the following shift to come in early. That is between those two guys to "pay one another back." I'm not saying that if I start work ten minutes early I would put in for an hour, only that I could. I can't believe that a dept would even break an hourly rate down to pay someone for ten minutes. Our grievance was filed because guys were called in and were sent home 10 minutes after they got there. Some of them drove 30-45 minutes to get there and then 30-45 minutes home again and the chief paid them 1 hour. It is more for the guy that is called in on his day off. I can't see coming in 2 hrs before your shift starts and expect to get four hours ot when you would have been there anyway.
I would agree that if someone is called in and then told they can go home after only ten minutes then that certainly would add up to whatever your minimum is for being called in.

However, it is another thing to already be there a bit early for your normal shift and be asked to go on duty 10 minutes early. There is no way someone deserves 4 hours for that.

I can't count the number of times I've started early due to some type of emergency. I'm always in early for a workout before start of watch. If some type of officer emergency happens and they need help, we go. Depending on how early we go on, we may or may not put in for it and even then it's only an hour for hour basis.

You asked why a department would break it down to pay someone for 10 minutes. That would be because FLSA rules force them to.



Posted by: soup

I understand that FLSA forces them to pay the 10 minutes. My department would pay the hour (they always have).



Posted by: LA Copper

Quote:
Originally Posted by soup
I understand that FLSA forces them to pay the 10 minutes. My department would pay the hour (they always have).

More power to you for being able to get that hour instead of the ten minutes. Unfortunately it's not that way out here. If we did that, the city would be broke in under a year. Overtime out here is huge. We don't have details so we make our extra money working overtime on our regular shifts and going to court. There's so much crime around here that it's pretty easy to get.



Posted by: midwatch

Quote:
Originally Posted by soup
Our grievance was filed because guys were called in and were sent home 10 minutes after they got there. Some of them drove 30-45 minutes to get there and then 30-45 minutes home again and the chief paid them 1 hour. It is more for the guy that is called in on his day off.
This I don't have a problem with. But the OP made it sound like the guy was in the locker room prior to his normal shift and was called on 10 minutes early.



Posted by: csauce777

What if an officer has a late arrest or other pressing paperwork. I would assume you get hour by hour overtime after your shift ends?



Posted by: 94c

Quote:
Originally Posted by csauce777
What if an officer has a late arrest or other pressing paperwork. I would assume you get hour by hour overtime after your shift ends?
Yes. With us the 1st 14 minutes is on the house. 15 minutes give you the 1/2 hour. (and so on)

At least that is what our language says.

Everyone's opinion aside, if you send the guy out 10 minutes early and he puts in a slip for a 3 hour minimum,
he's entitled to it by contract.

He definitely will be reminded that he can be held 14 minutes after the end of his shift without any grievance or compensation. Every day, every week, every month.

It's his call.



Posted by: testtaker

ok, so this is whats happening

1) It's not double dipping - it would be an issue of the CBA - we have a call in minimum of 4 hours.
Its what the definition of a call in - is what the issue is - If a "call in" is any officer called to duty prior to his/her shift - then 10 minutes early should be 4 hour minimum
If an officer is call to court 1 hour prior to his/her shift - do they get the minimum court time, even thought they start shift in one hour?

2) I don't agree with it, I would of volunteered the 10 minutes to help out the brothers and sisters out there - cause I would hope that they would help me - old school I guess

3) It wasn't a I'll work for you/ you work for me - it was an multitude of emergencies that cause the need for more officers

I know that there is a case out there that defines this issue, I recall it said that even ten minutes is defined as a call out - that is what the OP was trying to find.



Posted by: soup

Quote:
Originally Posted by 94c
Yes. With us the 1st 14 minutes is on the house. 15 minutes give you the 1/2 hour. (and so on)

At least that is what our language says.

Everyone's opinion aside, if you send the guy out 10 minutes early and he puts in a slip for a 3 hour minimum,
he's entitled to it by contract.

He definitely will be reminded that he can be held 14 minutes after the end of his shift without any grievance or compensation. Every day, every week, every month.

It's his call.
If I am held over after my shift I get hour for hour at t+1/2. Sometimes I don't put in for it, but when I do, there is no argument.



Posted by: testtaker

after shift is minute to minute/hour to hour



Posted by: soup

Quote:
Originally Posted by soup
If I am held over after my shift I get hour for hour at t+1/2. Sometimes I don't put in for it, but when I do, there is no argument.
I know I'm quoting my own post here, but I need to clarify. If I am held over for even 5 minutes I get 1 Hour. Kind of like a 4 & 8 roadjob provision, but it's 5 minutes & 1 hour.



Posted by: 209

Our Reserves do not get overtime at all, no extra compensation for over 40 hrs, no holiday pay, no vacation/sick time, and they can and do get ORDERED in for straight time pay. Reserves are used and abused to save the city money from hiring them full time and paying them the full time rate which is 6 to 10 dollars more an hour depending on if you have a degree and what type. No union protection for reserves either.





ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops

About MassCops, the home for Massachusetts law enforcement.

The Massachusetts Law Enforcement Network opened in 1998 and is now a part of the New England Police Network The site is a pro-police discussion forum intended for sworn police officers and civilian law enforcement officials as well as those interested in pursuing a career in law enforcement here in Massachusetts.

The goal of The Massachusetts Law Enforcement Network is to provide an informal network of law enforcement officials here in Massachusetts for educational and informational purposes.

The forum covers many topics such as Police Related News Articles, Agency & Profession Discussions, Police Training as well as Law Enforcement Career Information.

The Massachusetts Law Enforcement Network and The New England Police Network (NEPN) and it's network sites are privately owned websites/domains and are not affiliated with or endorsed by any government association or agency.

MassCops (masscops.com) and (masscop.com) are privately owned are not affiliated with or endorsed by the Massachusetts Coalition of Police (masscop.org)



vBulletin Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
vB Easy Archive Final ©2000 - 2008 - Created by Stefan "Xenon" Kaeser

3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 49 50 53 54 55 56 57 58 59 60 61 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 98 99 100 101 102 103 104 105 106 107 108