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RIBCO
News
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2006-04-13
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RIBCO Wins Arbitration On Snowstorm Of January 2005 |
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Arbitration award on the snowstorm of January 2005
On January 23, 2005, Governor Carcieri declared a state of emergency and ordered “non-essential State offices and agencies…closed” from 9 a.m. Sunday, January 23 to 5 p.m. Monday, January 24, 2005. Director of Administration Najarian followed up with a January 26, 2005 memo which set forth the manner in which employees would be compensated during the period of that declared emergency. Those excused from duty would be allowed to use accrued leave time in order to be paid. Those required to work would be compensated at the rate of time and one half. This method of payment was applied to the employees in the RIBCO bargaining unit, as well as to all other unionized employees of the State of Rhode Island.
RIBCO was the only union that filed a class action grievance alleging that its members in the ‘rank and file and supervisory’ units who were required to work should have received compensation at the rate of double time and a half, and those excused from work should have received straight time pay without any charge against their accrual leave. (the professional unit has inclement weather language)
The grievance was filed and heard in arbitration. The arbitrator recently ruled that:
The State violated the Collective Bargaining Agreement when it failed to pay double time and one half for hours worked by bargaining unit employees during the period of the declared emergency from 9 a.m. January 23rd, 2005 to 5 p.m. January 24th, 2005.
The state violated the Collective Bargaining Agreement by charging accrued leave to those employees who were scheduled to work, but did not work those scheduled hours during that period of declared emergency.
The State shall make the employees who performed the work whole by paying them the difference between what they were paid, and the contractually mandated rate of double time and one half. The State shall make the employees who were excused from work whole by restoring their accrued leave balances.
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