Page 11 - December 2021
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As I noted in the November issue, my report given at monthly general members’ meetings in- cludes examples of arbitrators’ decisions issued at binding summary opinion arbitration hearings.
During the past few months, members have suggested providing a few examples of these bind- ing decisions, as we began doing in the November issue. Granted, each investigation has its own indi- vidual circumstances, and in most cases, there are multiple allegations as well as redundant alleged
“rule violations” piled on by the investigator(s).
However, below are more examples of dispositions that have
been awarded by the binding summary arbitrator. The follow- ing discipline summary only provides a generalization of the allegations that were sustained.
Not only is the department’s (Carter’s) method of cancelling members’ much-deserved and much-needed time off cruel, ab- surd, unsafe, unhealthy and wrong; it also seems antagonistic, malicious and without consideration for those who are affect- ed. Additionally, the department’s (Carter’s) practice does not promote a harmonious work environment and is contrary to the Consent Decree.
The department continues this practice without fear of con- sequences. The affected officers demand to be compensated at a rate of “triple time” (three times the regular pay) for every hour worked on their cancelled RDO. The affected officers further de- mand and order the department to provide each affected offi- cer with one additional day off to be enjoyed in 2022 for every cancelled RDO that the affected member worked five hours or more.
Contract sections violated: Article 4; Article 8; Article 20; Sec- tion 23.6; and all other related Articles as well as the Settlement Agreement in Grievance #129-21-007.
SecondVice President’s Report
Discipline briefs
DAN GORMAN
Grievances filed on cancelled days off
Over the month of November, class-action grievances were filed for the cancellations of days off. Below is the most recent grievance narrative.
In May 2021, the Lodge filed grievance #129-21-007 disput- ing the cancellations of members’ regularly scheduled days off (RDOs), among other violations of the CBA. On Aug. 26, 2021, the parties met and, with the assistance of Arbitrator George T. Roumell Jr., an agreement was reached.
On or about Nov. 8, 2021, a report “on behalf of Eric Carter” issued an AMC message cancelling the first of the members’ RDOs on Nov. 12, 13, 14 of 2021. On or about Nov. 13, 2021, Car- ter then extended cancellations “until further notice.” There still was no written determination that an emergency existed. On Nov. 16, 2021, the Lodge filed grievance #129-21-017. The arbi- trator was contacted, and the parties received a tentative arbi- tration date in January 2022.
On Nov. 22, 2021, at 1:45 p.m., despite the pending arbitration date, Officer Carter issued an AMC message stating, “Effective first watch on Nov. 23, 2021, the Department will return to nor- mal operations with regular days off.” This relief only lasted 42 minutes. At 2:27 p.m., Carter issued another AMC, thereby can- celling one RDO “until further notice beginning Nov. 26, 2021.” Again, this was done without a declared “emergency,” without notification to the Lodge, without seeking volunteers, without 21 days’ notice, without justification, etc.
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