AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Shift Rotation and Work Schedules
Current and former U.S. Secret Service employees claimed that, as a result of new practices, their employer denied them the two consecutive days off from work which they argued they were entitled to under 5 U.S.C. 6101(a)(3)(B). The U.S. Court of Claims ruled that it lacked jurisdiction over the claim because the statute only involved work scheduling practices and did not address the employees’ entitlement to pay. A federal appeals court upheld the dismissal of the case. “At most,” the appeals court stated, the statute entitles the plaintiffs to have their basic 40-hour workweek scheduled in a particular fashion; whether their basic 40- hour workweek is Monday through Friday with Saturday and Sunday off, or Monday through Saturday with Wednesday and Sunday off, but does not, itself, affect employees’ statutory entitlement to pay. Because the statute does not “'command payment of money to the employee,’” nor is it “reasonably amenable to the reading that it mandates a right to money damages,” violations of the subsection do not implicate the remedies prescribed in the Back Pay Act. Adams v. United States, #16-2361, 2017 U.S. App. Lexis 11578 (Fed Cir.).
Arbitrator holds that a partial work
period is not subject to being filed as a vacant work shift. "Had the
parties wished to do so, they could have so provided" but an arbitrator
"cannot expand the scope of [the contract to] vacancies which may occur
when an officer leaves work before the end of his or her shift." City of
Kalama and Kalama Police Guild, Wash. PERC #15771-P-01-00514, 116 LA (BNA) 1349
(Henner, 2002). {N/R}
Arbitrator
finds that repeatedly scheduling the grievant to work a split shift violated an
established past practice. Town of McCandless, Penn. and McCandless P.O.A.,
FMCS Case #02/04412, 117 LA (BNA) 456 (Parkinson, 2002). {N/R}
An epileptic worker was not entitled to a
shift change because both physicians did not provide any medical documentation
to establish that an assignment to another shift could help prevent a seizure
from occurring. Gaines v. Runyon, #96-5299, 6 AD Cases (BNA) 688, 107 F.3d 1171
(6th Cir. 1997). {N/R}
The ADA may require an employer to reassign a
disabled employee. The plaintiff had alleged her employer failed to reassign
her to a position on the day or afternoon shift after her disability
(depression, anxiety and sleep disorder) made her unable to work on the night
shift. Gile v. United Airlines, #95-3432, 5 AD Cases (BNA) 1466, 95 F.3d 492
(7th Cir. 1996). {N/R}
Federal court rejects the ADA claim of a police
officer with "shift work sleep disorder." Dept. not obligated to
transfer her to the day shift. Williams v. City of Charlotte, 899 F. Supp.
1484, 1995 U.S. Dist. Lexis 14843 (W.D.N.C.). [1996 FP 12-13]
Arbitrator orders a corrections dept. to allow an
employee to work a 4-10 schedule. Management failed to advance a reasonable
basis for denying the request. Cal. Dept. of Corrections and AFSCME L-2620, 102
LA (BNA) 1115 (Rule, 1994). [1995 FP 12]
Michigan arbitrator upholds a unilateral transfer
of a police lieutenant to the day shift to accommodate his illness, despite the
union's objection that shift assignments are strictly controlled by a seniority
clause in the collectively bargained agreement. Dearborn Heights P.S.A. and
City of Dearborn Heights, 101 LA (BNA) 809, A.A.A. #54-39-0203-93 (Kanner,
1993). [1994 FP 24-5]
Arbitrator holds that a sheriff's dept. violated
the employment agreement by allowing a diabetic deputy to change to the day
shift without regard to seniority rights. Clark Co. Sheriff's Dept. and F.O.P.,
102 LA (BNA) 193 (1994). [1994 FP 119]
Michigan arbitrator decides employment rights
under the ADA, and upholds a unilateral transfer of a police lieutenant to the
day shift to accommodate his illness (diabetes), despite the union's objection
that shift assignments are strictly controlled by a seniority clause in the
collectively bargained agreement. Dearborn Heights P.S.A. and City of Dearborn
Heights, 101 LA (BNA) 809, A.A.A. #54-39-0203-93 (Kanner, 1993). [1994 FP 24-5]
Pay issue while on sick leave: disabled employee
was no longer entitled to the night shift differential during the time he was
not working because of disability. Benson v. County of Nassau, 524 N.Y.S.2d 733
(App.Div. 1988).
City could unilaterally increase employee work
time and restructure rotations, in spite of fact the change was in retaliation
for supporting the opposition in the elections. F.O.P. Lodge 121 v. City of
Hobart, 864 F.2d 551 (7th Cir. 1988).
Arbitrator rules that a city violated the
collective bargaining contract when it unilaterally discontinued the four-day,
10-hour workweek option afforded fire-prevention employees. Miami (City of) and
IAFF L-587, 89 LA (BNA) 86, FMCS Case #86K/20608 (1987). {N/R}
Ohio city violated state law by unilaterally
changing the scheduled work hours of its firefighters without first bargaining
with exclusive representative. State Employment Relations Board v. City of
Bedford Heights, 41 Ohio App.3d 21, 534 N.E.2d 115, 1987 Ohio App. Lexis 10746.
{N/R}
Ohio city unlawfully refused to bargain by
stating its intent to unilaterally change the hours of its firefighters from 24
hour tour of duty followed by 48 hours off. State Employment Relations Board v.
City of Strongsville, # 86-ULP-10-0389, 4 OPER (LRP) P4074 (Ohio SERB Hrg.
Ofcr. opin.). {N/R}
Appellate court overturns "psychic
injury" award to employee who suffered mental distress when transferred to
the night shift. Andracki v. Workmen's Compensation Appeals Board, 508 A.2d 624
(Pa. Cmwlth. 1986).
Minnesota appellate court recognizes "phase
shift sleep syndrome" as a legitimate illness; a disability pension is
proper in appropriate cases. Ide v. Red Wing Police Relief Association, 366
N.W.2d 610 (Minn. App. 1985).
A police union's proposal, requiring a township
to bargain, concerning a decision to move officers from one shift to another,
to rotate all personnel through three shifts, or to change starting and ending
time of various shifts, was a mandatory subject of bargaining. Township of
Delran and Delran Patrolman's Ass'n, N.J. Pub. Empl. Rel. Cmsn. #83-77, 9 NJPER
(LRP) P14,023 (1982). {N/R}