Union Contract: Duly Suspended Employees Get Paid For Overtime Missed!

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Amazingly, Congress is trying to Force Union Contract Rules like this onto States and Localities

The New York – New Jersey Port Authority (NYNJPA) union contract with the NYNJPA’s police union provides that officers suspended with and “without pay” will still be paid for unearned overtime during their suspension.

Amazingly, Harry Reid and congress are trying right now to force this type of workplace lunacy onto states and localities through the Police Fire Fighter Forced Unionism bills (S. 3194 & H.R. 413). If passed this will bring union officials one step closer toward mandating forced unionism for every state and local government employee. Take Action now and let congress know that you oppose this expansion of forced unionism through federal fiat.

(more background available after the bump)

Background regarding the NYNJPA No-Work Overtime Provision

The New York Posts’ Carl Campanile writes:

Port Authority cops have an unbelievable perk that other workers can only dream of — they can collect overtime for not working.

The bizarre benefit applies to officers suspected of misconduct who are suspended with pay and later cleared or found guilty of an infraction carrying a penalty that’s short of dismissal. Suspended officers can claim overtime if no formal charges are filed within 120 days.

The theoretical overtime these cops would have made during their suspensions is based on a formula in their union contract. [see video]

According to the contract, if an officer suspended with or without pay is not dismissed, then they will receive overtime for the period that they were suspended without pay using the formula below.

The Port Authority union contract overtime formula: Port Authority Suspended Officers' Missed Overtime Formula

where “a” is the average overtime earned per pay period by the suspended Police Officer during the seventy-eight (or the actual number if less than seventy-eight) pay periods immediately prior to the pay period during which his suspension commenced;

“b” is the average overtime earned per pay period per Police Officer during those seventy-eight (or the actual number if less than seventy-eight) pay periods at the Police Command to which the suspended Police Officer was assigned during that period. If the Police Officer was assigned to more than one Police Command during that period, then the average overtime for the period shall be determined by using average overtime earned per Police Officer at each Police Command to which the Police Officer was assigned during that period for the pay periods he was assigned to that Police Command;

“c” is the initial estimate of the Police Officer’s missed overtime earned per pay period to be determined, and

“d” is the average overtime earned per pay period per Police Officer at the Police Command to which the suspended Police Officer is assigned during the same pay periods of the Police Officer’s administrative suspension.

Upon determination of “c”, that amount shall be multiplied by the number of pay periods that the Police Officer was on administrative suspension, provided that any pay period during that suspension in which the Police Officer was absent due to sickness or injury incurred in the line of duty on at least half of his scheduled work days shall not be used in that multiplication. Then, from that amount shall be subtracted all overtime, if any, earned by the Police Officer during the suspension. The resulting balance shall be paid to the Police Officer as and for missed overtime.

If a Police Officer who is suspended without pay is changed to administrative suspension or returned to full duty he shall receive payment of his full pay for the period during which he was suspended without pay except payment for missed overtime opportunities. If such Police Officer is not dismissed from employment the calculation of missed overtime opportunities shall be made in accordance with the method set forth in paragraph j (ii), above, except that the period of suspension shall include the period during which the Police Officer was suspended without pay. [Emphasis added]

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