The Grievant, a Road Patrol Deputy, participated in the annual bid for shift and days off and had sufficient seniority to entitle him to his preference of day shift (7:00 a.m.–7:00 p.m.). With notice of approximately three (3) days, Grievant was ordered to work four (4) hours of overtime (3:00 a.m.–7:00 a.m.) prior to his regular 7:00 a.m.–7:00 p.m. shift. The order occurred after the Employer attempted to fill staffing shortages through voluntary means but received no takers. He worked the overtime and filed a grievance challenging the Employer’s authority to mandate pre-shift overtime.

The Union argued the Employer violated the Collective Bargaining Agreement (CBA) which sets forth a very detailed overtime procedure “when it is necessary to work employees beyond their scheduled shift.” The Union asserted overtime could only be ordered to work ‘beyond’ a scheduled shift, not before it, and that the Employer failed to follow the required overtime procedure. The Union also claimed a past practice restricting the Employer from ordering employees to work pre-shift overtime. 

The Employer maintained that the CBA does not restrict its ability to order pre-shift overtime. It argued the agreement is silent on ‘ordering in’ employees, leaving the matter within management rights. The Employer emphasized operational necessity, prior efforts to secure volunteers, and the absence of any permanent change to the Grievant’s schedule. 

The Arbitrator found that the CBA governs only post-shift overtime, and the CBA is silent on pre-shift overtime. As a result, the Employer retained authority under the management rights clause. The Union failed to establish a binding past practice and the Employer acted reasonably to address staffing shortages. 

Grievance denied.

Employer: Summit County Sheriff’s Office                 Date: December 2024