Arbitrator finds that management did not violate the bargaining agreement by assigning dispatchers, who are in the police union, to answer telephones when records clerks, who are in a different unit, are not at work. Dispatchers had been doing that work for more than 11 years and job duties often overlap between classifications. City of Elyria and FOP Ohio, FMCS #080715/03884-8, 125 LA (BNA) 1793 (Sellman, 2009).
     It is a “well-established principle in New York that out-of-title work creates no automatic right to reclassification.” Lake City Police Club v City of Oswego, #807 CA 06-00160, 31 A.D.3d 1159, 2006 NY Slip Op 05442, 818 N.Y.S.2d 703, 2006 N.Y. App. Div. Lexis 9032.
     Arbitrator holds that management did not violate the bargaining agreement when it continued to assign dispatchers, who are in the police union, to answer telephones and respond to lobby intercom on weekends when records clerk, who are in a different bargaining unit, are not at work. "Dispatchers are not being required, nor asked, to work out of jurisdiction. The FOP is not taking work from, nor infringing upon the work jurisdiction of, AFSCME employees." City of Elyria and FOP Ohio, FMCS Case #080715/03884-8, 125 LA (BNA) 1793 (Sellman, 2009).
    Arbitrator overturns an order the Fire EMTs administer flue shots to city workers. It fell outside of their normal duties as emergency responders. City of Madison Heights, Mich. and M.H. Fire Fighters Assn. 119 LA (BNA) 390, AAA Case #54-39-1752-02 (Sugerman, 2003). [2004 FP May]
     Arbitrator holds that management did not require clerk/typist-receptionist to perform out-of-title work when, in light of the 9-11 acts of terrorism, it required her to identify visitors, oversee a sign-in sheet, buzz in visitors and direct them to destinations within the building. The additional duties are typical of a receptionist-clerk position. Garden City and CSEA L-1102 (AFSCME), AAA #94-2605902, 118 LA (BNA) 1470 (Gregory, 2003). {N/R}
     Arbitrator rules that management did not violate the bargaining agreement when it eliminated four jail specialist positions and assigned those duties to police officers, because the work is minimal, and does not equal one full-time specialist's position. City of Dayton and AFSCME C-8, 118 LA (BNA) 681, AAA #52-E-390-0013303 (Bell, 2003). {N/R}
     Arbitrator holds that a municipality violated a bargaining agreement when public works employees were not called out to remove a damaged street light and a police officer removed the damaged pole. Overtime pay awarded. Bor. of West View and Utility Wkrs. Union of Amer. L-416, 118 LA (BNA) 143 (Dissen, 2003). {N/R}
     Arbitrator holds that a city violated the bargaining agreement in requiring police officers to check vehicle oil levels. The contract prohibited assigning duties customarily performed by other city employees. Toledo and Toledo Police Pat. Assn., 114 LA (BNA) 149 (McDonald, 2000). [2000 FP 107]
     Arbitrator stops city from assigning police officers to the dispatch desk; the practice eroded the work of members of the civilian bargaining unit. Toledo (City of) and AFSCME L-7, FMCS 95/03854, 106 LA (BNA) 1005 (Sharpe, 1996). [1996 FP 153]
     Arbitrator rules a city could not require firefighters to trim trees to facilitate street travel by new fire trucks. Orange, Tex. (City of) and I.A.F.F. L-1432, 103 LA (BNA) 1121 (Nicholas, 1994). [1995 FP 90-1]
     Arbitrator fines city for using police officers for custodial and carpentry work. Grievance filed by civilian union; fact city had difficulty finding civilians to work nights shifts is irrelevant. City of Phila. and AFSME #33, 25 (7) LAIG #5062 (Kasher, 1994) {N/R}
     Town required to abandon long practice of using patrol officers as acting sergeants and to promote an officer to that rank. Fallsburg (Town of) and Police Benev. Assn., 102 LA (BNA) 562 (Jensen, 1994). [1994 FP 152]
     When a person holding a permanent position in the classified service is removed or discharged by the appointing authority and there is an appeal, no vacancy exists to which a permanent promotion can be made. In the interim, a temporary emergency promotion can fill the need. If an interim promotion is invalid, in the absence of bad faith, dishonesty or fraud, the promoted person is entitled to compensation at the higher pay grade. Adams v. Goldner, 79 N.J. 78, 397 A.2d 1088, 1979 N.J. Lexis 1175.
     New York public employment statute prohibits "out of title" work. "No person shall be appointed, promoted or employed under any title not appropriate to the duties to be performed and, except upon assignment by proper authority during the continuance of a temporary emergency situation, no person shall be assigned to perform the duties of any position unless he has been duly appointed, promoted, transferred or reinstated to such position ..." N.Y. Civil Serv. Law Sec. 61.2 (1958).
     See also: Civil Serv.; Eligibility Lists; Promotional Rights and Procedures.