City of Bridgeport and NAGE, Local RI-200
A municipality that offers overtime to a worker with less seniority may be required to reimburse a more senior worker for the loss of the opportunity to earn overtime. Allegedly, Brent Nelson has worked as a custodian for the City of Bridgeport for 20 years. The union filed a grievance, alleging that the city called a worker with less seniority to work overtime during a high school football game on Nov. 25, 2010. The city also permitted the worker with less seniority the opportunity to work overtime on Dec. 6, 2010. The parties negotiated, and the city agreed to pay Nelson $95 for the loss of overtime pay on Nov. 25 and Dec. 6, 2010. Nelson proceeded to claim that if he had worked on Thanksgiving, he would have received triple overtime pay, and he was unhappy because the settlement did not include triple overtime pay. The city objected that the parties negotiated in good faith and reached a valid settlement. Arbitrators ordered the city to pay Nelson $95 for loss of overtime on Nov. 25 and Dec. 6, 2010, pursuant to the settlement agreement that the parties reached. Thomas McCarthy represented the city, and Elizabeth Ditman represented the union.