Town of Canton and AFSCME, Council 15, Local 2693
A police officer who works "private duty work" for a third party may not be entitled to count the private duty work in order to qualify for double pay, as a result of working seven consecutive days. Tyson DeLoy, a police sergeant, requested double time, because he worked several consecutive days. Two of the days that DeLoy included in his computation consisted of "private duty work" at a private shopping mall. The municipality's chief administrative officer testified that the municipality's past practice has been not to count "private duty work" for third parties as work for the town, when interpreting the double time provisions of the collective bargaining contract. The contract provides, "If any officer works seven consecutive days, any time worked on the seventh day shall be paid at two times the employee's applicable rate. . . ." Arbitrators voted, 2-1, that the municipality did not violate the collective bargaining contract. "Past practice supports the town's construction of the contract even if the contract is considered ambiguous." The parties have not previously counted "private duty work" toward the double time provision. Michael Harrington represented the employer, and Eric Brown represented the union.