In an emergency, a chief of police can request that an officer who already is on duty work late, as opposed to asking another officer to drive to work. During Hurricane Sandy in October 2011, the Town of Cromwell's chief of police allegedly asked Officer Sherry Borgeson, who had made arrangements to stay in town with friends, to work a shift at the Emergency Operations Center, after her regular shift ended at 3:30 p.m. The union filed a grievance, because the chief of police failed to offer overtime to Officer Dimaio, who had indicated that he was available to work overtime. The union claimed that forecasters warned about the storm's approach several days in advance, and that the chief had sufficient time to offer the overtime assignment to Dimaio. The collective bargaining contract provides that "[s]cheduled overtime shall be posted for employees in the bargaining unit on a fair and equal basis." The majority of arbitrators found that the town manager did not inform the chief of police prior to about 2 p.m. that the Emergency Operations Center would be open that day. By that time, only emergency motor vehicles were allowed on the state highways. Requiring an officer to drive during the peak of the storm could have harmed the officer's health and safety. The chief selected an officer who was already on duty to receive the overtime assignment. The chief's decision, wrote the majority of arbitrators, "was consistent with past instances where an officer was held over and well within his discretion that he has exercised in the past." The majority of arbitrators denied the union's grievance. Kenneth Weinstock represented the employer. Douglas Hall represented the union.

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