The Collective Bargaining Agreement (CBA) states that the Employer may require employees to work overtime; however, “no back to back forces will be required except in emergencies.” The Grievant is a road patrol Deputy who works 12-hour shifts, 11:00 am to 11:00 pm. Another Deputy worked the 7:00 pm to 7:00 am shift. In mid-July, the other Deputy requested and was granted vacation for August 4 and 5. The Grievant was ordered to work an additional four (4) hours of overtime at the end of his regular shift on both dates, resulting in sixteen (16) hours of work on August 4 and sixteen (16) hours of work on August 5 with only eight (8) hours off in between. A grievance was filed.
The FOP argued that the CBA prohibited back-to-back overtime unless there was an emergency and that the staffing shortage that occurred on August 4 and 5 did not meet the definition of emergency that would allow the Employer to force back-to-back overtime. An emergency is an event that could not have been reasonably anticipated, such as a natural disaster, serious crime, riot, strike, etc. However, maintaining a minimum staffing level is not an emergency, particularly since there were no minimum staffing levels in the CBA. The FOP argued that this circumstance was not created by a last-minute call off, but that the Employer had sufficient notice to consider other options, such as ordering another Deputy to work overtime on his day off, assigning a higher-ranking Deputy to work the overtime, etc.
The Employer argued management rights and a policy that required a minimum of four (4) road patrol Deputies to be on duty at all times and that the lack of minimum staffing created an emergency. Less than minimum staffing would jeopardize the safety and security of the public as well as the on-duty Deputies, thus an emergency occurs if there are fewer than four (4) road Deputies on duty at any time.
The Arbitrator concluded that the situation did not constitute an “emergency”. The need to fill a vacancy did not occur suddenly or unexpectedly. A lack of volunteers to work overtime did not constitute an emergency. A staffing shortage alone does not create an emergency. The Employer knew about the manpower shortage well in advance; thus, the situation was not an emergency. The Employer could have assigned an off-duty Deputy, canceled the vacation request or assigned a Sergeant or Lieutenant to work the overtime. Further, the minimum manning requirements were not included in the CBA. There was no language in the CBA that gave the Employer the right to force a Deputy to work back-to-back overtime in order to meet minimum manning requirements.
Grievance is sustained. The Employer is ordered to cease and desist from forcing back-to-back overtime in the absence of an emergency.
Employer: Coshocton County Sheriff Date: March 2024
