• Board of Mediation and Arbitration
  • Board of Mediation and Arbitration
  • 2010-A-0508
  • Dec 17 2012 (Date Decided)
  • Blum, Esq., and Ryan • Silvers dissented

Absent a minimum staffing provision in a collective bargaining contract, members of a union may not be entitled to overtime when another worker is absent. A captain who worked for the City of Bridgeport's police department was away between January 2010 and June 2011. The union filed a grievance and argued that other captains who worked the same shift should have been offered overtime. The city objected that there was no minimum staffing requirement in the collective bargaining agreement. The majority of arbitrators voted, 2-1, that the city did not violate the collective bargaining contract. The collective bargaining contract includes a broad management rights clause. The right to assign overtime, wrote the majority, also includes the right not to provide overtime. Stephen Sedor represented the municipality, and Kelly Rommel represented the union.