Half a Win
But not really, seeing as how the Department just made 55 FTO's so there isn't any "shortage" now:
- The Arbitrator concludes that the O’Neill(Don)/Aguilar (Rich) testimony clearly establishes that any claim for compensation based upon alleged past practice as to the application of Section 26.1 prior to January 11, 2013 fails as not being factual.”
However, the Lodge, realizing the testimony of Rich Aguilar was not ideal, attempted to persuade the arbitrator by referencing Section 20.2-Compensation for Overtime. In this we were successful as you can verify through the Arbitrator’s ruling:
“The best this arbitrator can do in terms of remedy is to find that Section 20.2 is applicable in the appropriate case, …that he or she is entitled to overtime compensation over and above the 30 minutes by applying the provisions of Article 20.2 on the basis that the actual overtime was necessary to prepare the required multi-DOR’s and Cycle Summaries.”
To summarize, this grievance was partially granted. The arbitrator ruled that since past practice was not proven, there will not be any retroactive payments to the affected FTOs. However, going forward, if an FTO has multiple recruits in the future and it takes more than .5 hours to complete the DORs and Cycle Summaries, he is to submit an overtime slip to his Supervisor for the the amount of time over .5 hours it took to complete these forms.
So, even though they took advantage of the FTO's once, they promise never ever to do it again (the beaten wife defense) and the City does what it should have done before and promoted a bunch of FTO's, thus never paying the FTO's for doing double work.