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Union wins OT battle
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MONROE - Four city workers will see a little more in their paychecks this week - for work they did in 2009.

An arbitrator has found with the union workers in the City of Monroe Street Department in response to a grievance they filed alleging the city violated the collective bargaining agreement when it failed to pay time and a half premium pay for hours worked outside of their regularly scheduled shift in February 2009.

The workers were paid regular pay, and will now receive the extra half-time pay for 45 minutes, according to Phil Rath, city administrator.

Four snow plow operators were called in early, 45 minutes before the start of their regular 7 a.m. shift.

They were sent home by Street Department Supervisor Tom Boll, after working 8 hours.

"The work was done, and there was no need for overtime," Rath said.

Workers filed a grievance, because the contract language was vague to some degree, he added.

According to a news release from the law offices of Ehlke, Bero-Lehmann & Lounsbury, S.C. representing the union, the contract required, and the city's practice had been, to pay employees time and a half for hours worked outside of their regular shift, when they were called in early to plow snow.

"In February, 2009, however, the city decided on its own that it would no longer pay premium pay for out of shift hours, even though it had not negotiated a change to the contract," the news release stated.

A hearing was held in September, 2010, with the union represented by Monroe attorney Katy Lounsbury.

The arbitrator issued a decision January 31, 2011, agreeing with the union and finding "The employer violated the collective bargaining agreement when it did not pay the grievants overtime for the time worked prior to 7 a.m."

Rath said the contract merged callout time and overtime in the same section of the contract.

"It was the language that was disputed," during the grievance process, Rath said.

The city understood that employees would not work more than eight hours, but could work outside the regular schedules, without overtime pay. The contract expired Dec. 31, and the city and union, AFSCME Local 3760, are in contract negotiations again.

Rath said the contract language may be cleaned up and fine tuned, or it may not.

"The important thing is that both sides know what the expectations are," he said.