Department of Consumer Affairs Grants Overtime Grievance
Compensation Due for Disruption of Inspector's Vacation
Based upon the apparent authority of the co-worker to make the request and the fact that the co-worker had reached Mr. McClellan on his personal cell phone (a number given only to McClellan’s first-line supervisor), McClellan reacted to this request as though it had come directly from his first line supervisor.
Despite personal commitments Mr. McClellan had made during his vacation, the task required him to return to his home office to conduct research and make follow-up telephone calls. For the date in question, McClellan included four (4) hours of work on his time sheet but was denied all but one (1) hour of the claimed time. DCA contended the work was not authorized by McClellan's supervisor and he was not entitled to be paid for work not required to be performed while on vacation.
CAUSE filed a grievance on Mr. McClellan’s behalf relying on language contained primarily in Section 7.20 (B) of the Unit 7 Contract which unequivocally states: “[w]here staff meetings, training sessions or work assignments are scheduled on an employee’s authorized day off the employee shall be credited with a minimum of four (4) hours’ work time.” After a review of the grievance at the second level, DCA granted the grievance.
Despite the fact DCA claims the grievance was granted to maintain harmonious labor relations and admits no wrongdoing, CAUSE stands by its reading of the relevant contract language and is pleased that the amounts claimed by Mr. McClellan will be paid.
Compensation Due for Disruption of Inspector's Vacation
Source: Stephanie H. Zeitlin, Legal Counsel
Date: 11/7/2005
Based upon the apparent authority of the co-worker to make the request and the fact that the co-worker had reached Mr. McClellan on his personal cell phone (a number given only to McClellan’s first-line supervisor), McClellan reacted to this request as though it had come directly from his first line supervisor.
Despite personal commitments Mr. McClellan had made during his vacation, the task required him to return to his home office to conduct research and make follow-up telephone calls. For the date in question, McClellan included four (4) hours of work on his time sheet but was denied all but one (1) hour of the claimed time. DCA contended the work was not authorized by McClellan's supervisor and he was not entitled to be paid for work not required to be performed while on vacation.
CAUSE filed a grievance on Mr. McClellan’s behalf relying on language contained primarily in Section 7.20 (B) of the Unit 7 Contract which unequivocally states: “[w]here staff meetings, training sessions or work assignments are scheduled on an employee’s authorized day off the employee shall be credited with a minimum of four (4) hours’ work time.” After a review of the grievance at the second level, DCA granted the grievance.
Despite the fact DCA claims the grievance was granted to maintain harmonious labor relations and admits no wrongdoing, CAUSE stands by its reading of the relevant contract language and is pleased that the amounts claimed by Mr. McClellan will be paid.
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