Arbitrator Joseph P. Girolamo acknowledged the complaint and gave officers the time and half of the days they were assigned to participate in the training when they objected to a change in their reserved schedule. The arbitration was presented by POAM Business Agent, Kenneth E. Grabowski. The employer submitted that, in most cases, it does not recognize training opportunities within 60 days of the training date, which almost always requires a change in work schedules or days off after a workstation is set up. The employer submitted that there was a previous practice that it could change a public servant`s schedule to facilitate training to avoid overtime pay. They also argued that the current practice was a change in the language of the contract. The employer also submitted that even if a breach of the agreement is found, overtime payments should be refused because the Grievants did not work more than 84 hours during the pay period. The schedules of three police officers were changed to allow them to participate in the training. The training was scheduled on the day of their leave and, as a result, the officers involved were entitled to overtime pay. The officers informed the Chief that they had not agreed to change the date prior to participating in the training, but that they did not object to specialized training. The officers involved had already received training after the publication of their schedules, but these were situations in which they had agreed to change their work plan. Overtime pay had already been paid to officers who participated in training on their days off.
The floating police chief is a 30-year-old member of the department and explained that it was customary to modify a work plan to avoid paying overtime to participate in training. Both parties determined that the schedules had been changed after publication. The Union submitted that the official concerned had accepted the amendment if no complaint had been lodged. The employer stated that, in the past, it had changed the flight plans without first obtaining the consent of the parties involved. 9. No changes to the schedule will be allowed as soon as the timetable is in place, without the city and the staff involved agreeing to the change. Positions are not distributed without the employee`s consent. Please check your output type, change the output program and set form routine if I don`t default this scheduling ag my Field AENDE (Chyange Flag) in the NAST table on X. A.
Positions are reserved by the Chief of Police every three months. Jobs to work, including days off, are booked every sixty days before the actual start date. Consecutive positions and days off (officers must have at least two consecutive days off per week, unless the city and the Union agree on another selection) are chosen by public servants who have successfully completed their seniority trial period.