Decision could come this winter
Arbitration of first time-keeping grievance underway


By SHERRY HALBROOK
Time isn’t really standing still on a resolution to PEF’s grievances of the numerous timekeeping issues that have arisen under the new contract, it’s just that the wheels of justice won’t be hurried.

Since the Governor’s Office of Employee Relations (GOER) issued its November 8, 2000 memo announcing how it interprets Article 12.17 of the 1999-2003 PS&T contract, which relates to timekeeping, a number of state agencies have changed the ways they require employees to record time and attendance.

PEF has reviewed each situation to determine if the changes violate the union’s interpretation of Article 12.17.

As a result, PEF has filed several agencywide class-action grievances, as well as individual facility grievances at the state Offices of Mental Health and of Mental Retardation and Developmental Disabilities. The most recent grievance was filed on behalf of members at the state Labor Department.

Arbitration of the first grievance — a statewide class-action grievance against the state Transportation Department — has begun. Hearings on it were held in May, June, July and August.

PEF presented its case to prove a well established past practice at DOT of overtime-eligible PS&T Unit members recording only present or absent on their attendance forms unless they worked beyond their normal work day, for which they earned compensatory time or over-time pay.
DOT changed this practice after receiving the GOER memo and now requires all DOT employees to record their precise times of arrival and departure from work.

PEF has also presented testimony about the contract negotiations supporting the union’s position that the change to Article 12.17 was meant to eliminate only the historic distinction between record-keeping practices for overtime-ineligible and overtime-eligible employees, and not result in changes for overtime-eligible staff.

Once all the evidence has been presented by both sides, they will submit written arguments and the arbitrator will issue a written decision. That could come this winter.

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