AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Holiday and Premium Pay
Arbitrator holds
that management did not violate the bargaining agreement when it did not
give security employees holiday pay for President Ford's funeral, even
though they were provided holiday pay for President Reagan's funeral. Payment
for Reagan's funeral did not establish a binding past practice. Caelum
Research Corp. and White Sands L-392, IAMAW, FMCS Case #07/003065, 125
LA (BNA) 541 (Halter, 2008).
Michigan arbitrators
interpret overtime and double-time holiday pay provisions in two different
bargaining agreements. City of Ecorse and IAFF L-684, AAA #54-390-00196-06,
123 LA (BNA) 550 (McDonald, 2006); City of Lansing and FOP L-141, FMCS
#06/58541, 123 LA (BNA) 555 (Stratton, 2006).
The fact that an employer allows workers
to earn holiday benefits while on jury duty does not entitle an employee
to accrue those benefits while on military leave. Tully v. Dept. of Justice,
#2007-3004, 2007 U.S. App. Lexis 6440 (Fed. Cir. 2007).
DoL rules that when a firefighter foregoes
taking a holiday, the holiday pay he receives for that holiday may be excluded
from calculation of the regular rate of pay for overtime purposes. Wage
and Hour Opin. Letter FLSA2006-18NA. {N/R}
FLRA decides that an employee who was otherwise
entitled to premium pay for working holidays and Sundays was not entitled
to supplemental compensation when he attended a conference in his capacity
as a labor union official. Engaging in representational activities does
not constitute the "work" of the agency, and was not compensable
under federal premium pay regulations. FAA and NATCA, #0-AR-3734, 2004
FLRA Lexis 89, 60 FLRA No. 7 (2004). {N/R}
Arbitrator orders a city to pay premium wages
to all police officers, and not just some, who worked in the aftermath
of 9/11. If premium pay was given to officers on one shift, "then
it must be so for the entire bargaining unit." City of Columbus, Ohio
and FOP L-9, 119 LA (BNA) 299 (Paolucci, 2003). [2004 FP May]
Arbitrator holds that a village did not violate
the bargaining agreement when it paid only detectives, who normally do
not work weekends, holiday pay for working on the Friday before a Saturday
holiday, even though language of the contract was not precise. The union
had not attempted to enforce similar payments for patrol officers for the
last 16 years. Vil. of Romeoville and Combined Counties Police Assn., 117
LA (BNA) 1392 (Goldstein, 2002). [2003 FP Apr]
Arbitrator rules that absent a definition
in the agreement, "holiday pay" begins and ends on the 24-hour
period between midnights, and not when a shift starts or ends that includes
a holiday. E.C.A. of Chicago and I.B.E.W. Local 134, 102 LA (BNA) 660 (Wolff,
1994). [1994 FP 170]
Federal appeals court upholds right of federal
police officers to receive premium pay for Sundays they did not work while
on annual or sick leave. Armitage v. United States, 991 F.2d 746 (Fed.Cir.
1993). [1994 FP 41]
Employer wrongfully denied two workers premium
pay for holidays worked because they reported 16 and 55 minutes late. Contract
allowed denial for a failure to report for work, not tardiness. There was
no evidence the employees failed to complete their assigned duties during
the remainder of their shifts. Greensburg P.S. and SEIU L-585, 102 LA (BNA)
506 (Jones, 1993). {N/R}
Federal appeals court rules that federal
police officers are entitled to prescheduled Sunday premium pay, even when
on sick leave or annual leave. Armitage v. U.S., #92-5157, 31 (1511) G.E.R.R.
(BNA) 526 (Fed.Cir. 1993). [1993 FP 89]
Leave with pay statutes overcome the limitation
that employees must actually have worked the hours to have them counted
in the overtime provisions. Lanehart v. Horner, 818 F.2d 1574 (Fed.Cir.
1987). [1993 FP 89]
Public employees could not be forced to charge
M.L. King Day to vacation time when government offices were closed. Yates
Co. Emplees. Unit CSEA L-862d and County of Yates, N.Y. PERB #U-9214, 26
(1250) G.E.R.R. (BNA) 202 (1/15/88).
M.L. King Day is not a “legal” holiday because
governor proclaims it a day of remembrance. Pullano v. City of Bluefield,
342 S.E.2d 164 (W.V. 1986).
City violated its past practice of scheduling
work on holidays. City of Madison v. AFSCME Local 60, 369 N.W.2d 759 (Wis.
App. 1985).
See also: Fair Labor
Stds. Act (several subtopics); Pay Disputes;
Pay Parity; Stand-by
Pay Claims.