HomeMy WebLinkAbout1252nd CSC Meeting1252nd REGULAR MEETING OF THE
CIVIL SERVICE COMMISSION
The 1252nd Regular Meeting of the Civil Service Commission was held on Thursday,
September 25, 2008. The meeting was called to order at 5:30 p.m.
Members Present:
Also Present:
Alex Bishop, Director of Building Inspection
Thomas Bok, Building Inspector
Peter Bryant, Equipment Operator II
Tom Daly, Code Enforcement Officer
John Dauffenbach, Building Inspector
Ken Grzembski, Park Maintenance Worker I
Jim Hamel, Building Inspector
Jerome Hanna, Building Inspector
William Ivanac, Park Maintenance Worker II
Allen Jagosz, Park Maintenance Worker III
Debra Jamieson, Equipment Operator II
Stephanie Karros
Charles Locke, President, AFSCME Union
Local 192
Linda McCann, Director of Community
Resources
Sharon Mendelssohn, Clerk -Typist II
Lori Miller, Secretary, AFSCME Union Local
192
Ronald Campau, Chairperson
Charlotte S. Mahoney
Harry C. Tatigian
Joseph Pietraz, Firefighter
John Podina, Senior Plumbing Inspector
John Raymond, Building Inspector
Stephanie Reece, Clerk -Typist
Larry Rushing, Code Enforcement Officer
Adam Schmid, Firefighter
Steven Schoonover, Vice -President,
AFSCME Union Local 192
Norm Siira, Equipment Operator III
Dwayne Stralman, Building Inspector
Karen Thompson -Moore, Program
Supervisor
Shadd A. Whitehead, Fire Chief
Audrey Young, Chief Roads Steward,
AFSCME Union Local 192
Robert F. Biga, Human Resources Director
Derrick L. Washington, Personnel Analyst II
Gretchen Guisbert, Secretary III
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
08-178 RESOLVED, That the minutes of the 1251" Regular Meeting held
Thursday, August 21, 2008, be approved as submitted.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
08-179 RESOLVED, That having reviewed the letter of August 20, 2008,
from Laura Sieracki, Custodian, and recommended for approval by Patrick A.
Hogan, Director of Public Works, requesting an extension of an unpaid medical
leave of absence, the Civil Service Commission does hereby confirm the
administrative approval of Ms. Sieracki's request for an extension of an unpaid
medical leave of absence from October 15, 2008, through December 1, 2008,
due to extenuating circumstances and subject to Ms. Sieracki providing
additional medical certification from her personal physician.
08-180 RESOLVED, That having reviewed the letter of August 19, 2008,
from Walter Krol, Water Meter Repairer II, and recommended for approval by
Patrick A. Hogan, Director of Public Works, requesting an unpaid medical leave
Paget 1252" Regular Meeting Septenber 25, 2008
of absence, the Civil Service Commission does confirm the administrative
approval of Mr. Krol's request for an unpaid medical leave of absence from
August 18, 2008, for a period of ninety (90) days, pursuant to RULE 25,
LEAVES, Section 25.5, Leaves of Absence, and subject to Mr. Krol providing
additional medical certification from his personal physician.
08-181 RESOLVED, That having reviewed the letter received on
September 10, 2008, from Darrell Shewcraft, Custodian (RPT), as approved for
submission by Patrick A. Hogan, Director of Public Works, requesting an unpaid
medical leave of absence, the Civil Service Commission does confirm the
administrative approval of Mr. Shewcratt's request for an unpaid medical leave of
absence from September 10, 2008, for a period of ninety (90) days, pursuant to
RULE 25, LEAVES, Section 25.5, Leaves of Absence, and subject to Mr.
Shewcraft providing additional medical certification from his personal physician.
AND BE IT FURTHER RESOLVED, it is with the understanding that Mr.
Shewcraft's probationary period will be extended by the length of his unpaid
leave of absence.
08-182 RESOLVED, That having reviewed the letter dated September 23,
2008, from Victor Locke, Park Maintenance Worker I, as approved for
submission by Patrick A. Hogan, Director of Public Works, requesting an unpaid
medical leave of absence, the Civil Service Commission does confirm the
administrative approval of Mr. Locke's request for an unpaid medical leave of
absence from September 16, 2008, for a period of ninety (90) days, pursuant to
RULE 25, LEAVES, Section 25.5, Leaves of Absence, and subject to Mr. Locke
providing additional medical certification from his personal physician.
08-183 RESOLVED, That having reviewed the letter dated August 25,
2008, from Laura Callen, Clerk I, as approved for submission by Patrick A.
Hogan, Director of Public Works, requesting an unpaid medical leave of absence,
the Civil Service Commission does confirm the administrative approval of Ms.
Callen's request for a ninety (90) day intermittent unpaid medical leave of
absence through November 25, 2008, pursuant to RULE 25, LEAVES, Section
25.5 Leaves of Absence.
08-184 RESOLVED, That having reviewed the amended military orders for
Thomas Clark, Firefighter, forwarded by Shadd A. Whitehead, Fire Chief, the
Civil Service Commission does confirm the administrative approval of the
extension of Mr. Clark's military service from August 20, 2008 through February
15, 2009.
08-185 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the passing point of 70% or 70 out of the
maximum score of 100 on the National Firefighter Selection Inventory (NFSI)
written test for Firefighter (915 o.c.).
08-186 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the Sign Foreman (1283 p.) eligible list.
Page 1252" Regular Meeting September 25, 2008
08-187 RESOLVED, That the Civil Service Commission does hereby
confirm the administrative approval of the Service Representative (Sewer)
(1284 p.) eligible list.
The Commission received and fled the following:
a. Status of Temporary Employees Report for August 2008.
b. Non -Resident Report as of September 1, 2008.
C. Current Open -Competitive and Promotional Eligible Lists as of
September 1, 2008.
d. Affirmative Action Report for August 2008.
e. Expiring eligible lists for the month of October 2008— None.
f. Removal of names from the active eligible list report for the month of
September 2008:
Equipment Operator III (1250 p.)
Tutor, Brian
Locke, Charles
Firefighter (894 o.c.)
McGrail, Joseph
Hamilton, Richard
Workman, Casey
Gillis, Carter
Brookshire, Kevin
Librarian 1 (891 o.c.)
Hagen, Carol
Gruber, Abby
Fulkerson, Natalie
Police Dispatcher (913 o.c.)
Carlson, Tracey
Cameron, Angela
Seay, Lynne
Kos, Kathleen
Vendittelli, Lauren
McCulloch, Daryl
Sewer Maintenance Worker 1 (1268 p.)
Sheridan, Philip
Water Meter Repairer 1 (1254 p.)
Grzembski, Kenneth
Water Operations Mechanic 1 (1269 p.)
Cloutier, Keith
Widmer, Kenneth M.
Page 1252" Regular Meeting September 25, 2008
Shinsky, Thomas
West, James
g. Council Resolutions #361-08 and #362-08 from the meeting of August 27,
2008, with minutes to be approved September 10, 2008:
(1) #361-08, approving the salary and benefit adjustments for the
classification of Fire Chief for the period December 1, 2005 through
November 30, 2008.
(2) #362-08, approving the revised grant classifications and pay rates
for the fiscal year 2008-2009, to be effective September 1, 2008.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
08-188 RESOLVED, That having reviewed the letter of August 22, 2008,
from James Pietraz, Battalion Chief, as recommended for approval by Shadd A.
Whitehead, Fire Chief, requesting permission to carry over vacation days in
excess of the maximum based on a new projected retirement date of January 9,
2012, the Civil Service Commission does hereby approve Mr. Pietraz's request to
carry over excess vacation days up to a maximum payout of thirty-one (31)
twenty-four (24) hour days as provided by the Livonia Firefighters Union (LFFU)
contract and Civil Service Commission RULE 25, LEAVES, Section 25.1.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
08-189 RESOLVED, That having reviewed the Departmental
Correspondence of September 12, 2008, from Shadd A. Whitehead, Fire Chief,
requesting a pay step increase for Joseph Pietraz, Firefighter, the Civil Service
Commission does hereby approve a one-step pay increase to Step 3, effective
September 25, 2008.
08-190 RESOLVED, That having reviewed the Departmental
correspondence of September 16, 2008, from Shadd A. Whitehead, Fire Chief,
requesting a pay step increase for Adam Schmid, Firefighter, the Civil Service
Commission does hereby approve a one-step pay increase to Step 3, effective
September 25, 2008.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
08-191 RESOLVED, That having reviewed the letter of September 10,
2008, from Brian Wilson, Superintendent of Public Service and Patrick A. Hogan,
Director of Public Works, requesting an open -competitive examination for
Building Mechanic IV — Plumbing and proposed qualifications and parts of
examination and weights, the Civil Service Commission does hereby approve the
following qualifications and parts of examination and weights:
Pages 1252" Regular Meeting September 25, 2000
QUALIFICATIONS
By the closing date of the announcement, applicants must:
Be a citizen of the United States or resident alien with the right to work in
the United Slates; and
Have a high school diploma or a valid equivalency certificate; and
Have five (5) years full-time paid experience in the plumbing trade; and
Possess and maintain a current State of Michigan Master or Journey
Plumber License; and
Possess and maintain a valid driver's license and have an acceptable
driving record; and
Possess or be eligible for a valid Industrial Truck Driving Permit for the
operation of a forklift.
PARTS OF EXAMINATION AND WEIGHTS
Written — 50% Interview — 50
Background Investigation — Pass/Fail
NOTE: A minimum of ten (10) qualified applicants with the highest passing score on the
Written Test will be invited to the Interview part of examination. Applicants must pass the
Written Test, Interview, and Background Investigation parts of examination in order to be
placed on the eligible list.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
08-192 RESOLVED, That having reviewed the letter dated September 10,
2008, from Brian Wilson, Superintendent of Public Service and Patrick A. Hogan,
Director of Public Works, requesting a promotional examination for Sign
Maintenance Worker I and proposed qualifications and parts of examination and
weights, the Civil Service Commission does hereby approve the following
qualifications and parts of examination and weights:
QUALIFICATIONS
Applications will be accepted only from employees of the City of Livonia who, by the closing
date of this examination, are:
Employed in the Public Service Division of the Department of Public
Works; and
Have regular status in a permanent classification; and
Must be eligible for either a Temporary Instruction Permit (TIP) for, or
have a valid Group "A" or "B" Commercial Drivers License with Air Brake,
and must have or be eligible for, a valid Industrial Truck Driving Permit for
operation of a forklift. An employee in this classification is subject to all
Page 6 1252.d Regular Meeting September 25, 2008
requirements of the Federal Omnibus Transportation Employee Testing
Act of 1991, as amended.
Written Test -80% Departmental Rating -20%
Candidates must pass the Written Test in order to be placed on the eligible list. Pursuant to
AFSCME Local 192, PROMOTIONS, 20 B., in competitive examinations which include
Departmental Ratings, the Departmental Rating from 0 to 100 will count as 20% of the
examination, but a score under 70 will not disqualify the candidate from continuing the
process.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahaney and unanimously adopted, it was
08-193 RESOLVED, That having a letter of September 24, 2008, from
Linda McCann, Director of Community Resources, requesting an open -
competitive examination for Recreation Supervisor — Senior Citizen Center, and
proposed qualifications and parts of examination and weights, the Civil Service
Commission does hereby approve the following qualifications and parts of
examination and weights:
QUALIFICATIONS
By the closing date of application, applicants must:
1. Be a citizen of the United States or resident alien with the right to work in
the United States; and
2. Have a degree from an accredited college or university with major
emphasis of study in Gerontology, Social Work, Recreation or closely
related field; and
3. Have a minimum of two (2) years full-time paid work experience directing
Senior Citizen activities and programs.
4. Grant writing experience preferred, but not required.
PARTS OF EXAMINATION AND WEIGHTS
100% Interview
In the event the number of qualified applicants exceeds ten (10), an evaluation of the
applications will be made and the ten (10) applicants with the most appropriate and
responsible combination of experience and training will be examined.
Charles Locke, President, AFSCME Union Local 192, discussed an issue in the DPW
concerning a Temporary Foreman position that was filled outside the job sequence by an
employee with no experience within the Parks Division. He informed the Commission that
same employee addressed the Commission in December of 2007 regarding a matter where
Pagel 1252" Regular Meeting September 25, 2008
DPW management was trying to fill a Secretary position by open -competitive examination and
the Commission advised they should try to fill the position from within the department before
going to the outside.
The Union's issue is that there are employees in that Division that have worked as a
Temporary Foreman in the past who have many years of experience in that Division, but were
told they could not be the Temporary Foreman and instead, the Division chose Mr. Eroh, a
Building Mechanic.
Mr. Locke stated that he was told by Robert Biga, Human Resources Director, that
contractually, he had no grievance, since this was pertaining to an upgrade outside the 192
bargaining unit. However, Mr. Locke believes the contract addresses promotions, but doesn't
address if it is outside the unit or not. The employee is paying 192 dues and the contract
states that you will be promoted from the job sequence.
Ronald Campau, Chairperson, asked Mr. Locke what he wanted the Commission to do about
this. Mr. Locke replied that when the examination is announced, he suggested there could be
something about the qualifications for the Foreman exam itself, keeping the requirements the
same as they were five (5) years ago, which would require five (5) years experience in the
Parks Department.
Mr. Tatigian advised that since this is outside the unit, they could only act on the basis of the
contract provisions and the Civil Service Commission Rules and Regulations. Mr. Locke asked
if something could be done about the job posting and Mr. Campau replied that when the
posting comes out, that is the time that comments and/or changes could be made.
Debbie Jamieson, Equipment Operator II, said she had a discussion with Mr. Hogan, Director
of Public Works, when she discovered this and she asked him why Mr. Eroh was picked and
was told they were breaking new ground on how they were going to fill some of these positions
and that Mr. Eroh marketed himself for the position. Ms. Jamieson stated she would have
marketed herself if she had known that new ground was being broken. She continued that she
had seven (7) years in the Parks Division; while she was in Roads on the brush crew she was
Temporary Foreman for David Bryant when he was off. She also stated five (5) years ago, she
came out #2 on the test for this position.
Ms. Jamieson stated that this is a new practice and under the Civil Service Commission Rules
and Regulations and she referred to a section on favoritism. She wasn't sure if this was a
favoritism issue, but she didn't understand why a person who has never been in the Parks
Division was picked over other people who are in other Divisions who would qualify for this
new groundbreaking practice and they were never notified that they were opening this up. She
indicated that the Civil Service Commission Rules and Regulations speaks about
discrimination and favoritism and she personally felt that was the case here and there should
have been a posting about this Temporary position.
Mr. Tatigian said you would need evidence to show favoritism. Mr. Locke responded there
was coincidental evidence but he didn't want to bring it forward at this time.
Ken Grzembski, Park Maintenance Worker I, slated they had a meeting with Mr. Hogan when
they heard this and marketing of one's self is a new practice. He also stated that many of the
Page 1252" Regular Meeting September 25, 20D8
Parks employees have licenses, but they chose to stay in Park as a career ladder, but they
weren't given a chance to market themselves and it hurts morale.
Mr. Campau recommended Mr. Biga conduct an investigation regarding this matter.
Mr. Tatigian clarified that this position was a Temporary position and even someone off the
street could be appointed to a Temporary position. A regular position would have to be posted
and go through Civil Service Commission examination procedures.
Mr. Biga advised that a person can be employed in a Temporary position for six (6) months.
He also clarified that Mr. Eroh was a member of the 192 bargaining unit and while he is in a
Temporary position, will continue to pay 192 union dues.
Mr. Tatigian inquired if there was more than one person that is deserving of this position and
Mr. Locke responded that there are five (5) or six (6) employees having the time in grade and
have worked in that position, but he would leave that up to Management's discretion.
Ken Grzembski stated that an employee may have an advantage if they are working in the
Temporary position and it would depend on if they open the job up to other people in the
Department.
Mr. Campau reiterated that when the posting comes out the Commission can act on
something.
Ms. Mahoney stated that it appeared that this was done just in one day and it concerned her if
it might be an opportunity to provide people across the City with some training, moving into a
Temporary position. She added that it is Management's prerogative to hire whom they
choose, but she was beginning to feel uncomfortable about something that may have been
done in a closed manner, if the intention is to change the practice. She inquired how this did
not need to be pasted.
Mr. Biga advised that if this was a position within the 192 bargaining unit being filled on a
Temporary basis, it would have to be posted. This position is not within the 192 bargaining
unit; therefore, it does not have to be posted. There is no requirement that it be posted in any
Civil Service Commission Rules once you are outside the bargaining unit.
Ms. Mahaney thought that change and innovation on new ways of doing things was goad, but
she also understood that a lot of people wait in line for promotional opportunities. She also
stated that like her fellow Commissioners, she believed there was nothing they could do to act
on this and she thanked the union for bringing it to her attention.
Mr. Campau asked Mr. Biga to investigate this situation.
Upon a motion by Ms. Mahoney, seconded by Mr. Tatigian and unanimously adopted, it was
08-194 RESOLVED, That the Civil Service Commission does hereby
postpone the review of AFSCME Union Local 192 Grievance #08-09, received
August 27, 2008, from Mark Trybus, Equipment Operator II, regarding a one -day
Page 1252" Regular Meeting September 25, 2008
suspension, until the October 22, 2008 Regular Civil Service Commission
meeting at the request of Management with the Union having no objections.
The Commission requested to handle AFSCME Union Local 192 Gnevances #08-11, #08-12
and #08-14, dated September 5, 2008, from Larry Rushing, Code Enforcement Officer; Tom
Bok, Building Inspector and James Hamel, Building Inspector, respectively, regarding working
a sixth consecutive day, as one item since they pertain to the same issue. Charles Locke,
President, AFSCME Union Local 192, responded that the Union had no objection.
Charles Locke, stated these grievances concern Mr. Bishop informing the individuals they
would be working a Tuesday through Saturday schedule beginning on a Saturday, after they
had worked a five (5) day work week. When this initially came out, his immediate concern was
that on the initial Saturday of the transition, since they did not switch jobs or departments and
the only thing that changed was the work week, the Union's position was that it was their sixth
day and they should have been paid timeand-a-half for that first day. Mr. Locke was under
the impression that the first two individuals were going to be on a Tuesday through Saturday
schedule for some extended period of time, similar to what Mr. Bok had done in 2002 to 2005.
What actually took place was the two individuals that worked the first Saturday shift were then
told at the end of that week, that they were going back to a Monday through Friday shift and
two other individuals were chosen to work the next Tuesday through Saturday shift, with
Saturday being their first day. He stated the contract is specific about if you work six (6)
consecutive days, you are paid time -and -a -half. Mr. Locke indicated the contract stipulates the
normal work week shall be Monday through Friday inclusive, with the understanding that with
certain Departmental needs, Management can schedule other work weeks accordingly. The
Union's position is that if you're going to change a work week to be Tuesday through Saturday,
then that is going to be some type of semi-permanent situation and is a deliberate attempt to
avoid overtime and a complete misinterpretation of the working hours provisions in the
contract.
The four (4) individuals in questions had an original job posting that they signed agreeing to
work a Tuesday through Saturday schedule if needed, but Mr. Bok was one of those
individuals and he did that for three (3) years. There should be some term length, based on
seniority, and if work needs to be conducted on a regular basis on Saturday and wants a way
to avoid paying time -and -a -half, other than the first week, those people should be left on that
schedule until the end of the need.
Mr. Campau wanted clarification on which days the individuals worked. Mr. Locke referred to
the original letter dated May 13, 2002 to Mr. Bok, the last paragraph, which states "as per our
discussion, at your personal interview on May 2, 2002, this job is being offered with the
additional stipulation that the normal 40 -hour work week will be schedule from Tuesday
through Saturday." That further lends credence to that initial Saturday should be paid at time -
and -a -half. Mr. Locke referenced an arbitration case that was lost in 1983 regarding an
individual who was working a Tuesday through Saturday schedule and he ended up working
Monday. The employee mistakenly thought that was his seventh day of work and put in for
double-time. However, he was paid for a sixth day of work in a work week.
Alex Bishop, Director of Inspection, referenced his letter which stated the history behind this
and summanzed that he believes they can switch personnel hours and it was done with
Human Resources Department concurrence. Personnel were asked in 2002 if they wanted to
Page 10 1252"° Regular Meeting Sexentaer 25, 20DO
volunteer for this and they responded with "no." Consequently, since 2002 every person hired
has been advised that Saturday could be a part of the normal work week, it would not be at an
overtime rate, but they would try to give Monday off in order to give a 2 -day weekend, but
could not guarantee it. Mr. Bok did in fad, work this schedule; his work days and days off
weren't always the same due to his request, and he was accommodated. The need for the
Saturday inspections ceased for a period of time, but recently the administration determined
that due to the proliferation of signs and other things occurring on Saturdays, there was a need
once again to have people work Saturdays. People were notified and he tried to "spread the
burden' so that one person would not have to work this schedule all the time. They started
with 2 people one Saturday; another 2 people on the next Saturday and then went to 1
individual. Employees were given the option, assuming they wanted Monday off, but if they
wanted another day off, Mr. Bishop didn't care as long as the Department was covered and
advance notice was given. They were also told that if a Saturday was inconvenient, to lel him
know and he would try to switch someone with them.
Mr. Tatigian and Mr. Bishop indicated there is contract language for other schedules of work
weeks based upon the needs of the Department.
Although the individuals worked six (6) calendar days in a row, they didn't work six (6) days in
a work week. The individuals did not exceed working five (5) days in a work week and Mr.
Bishop believed, with the concurrence of Mr. Biga that did not trigger the requirement to pay
overtime. Mr. Bishop put the employees on a rotational schedule so they only have one (1)
Saturday work day a month. Any new individuals hired by the department would also go into
this schedule as long as there was a need.
John Dauffenbach, Building Inspector, stated using Mr. Bishop's analogy that every other week
the sixth day would be overtime and the following week wouldn't be. He asked what made one
Saturday more unequal than the other.
Mr. Campau clarified that Saturday starts a new week.
John Raymond, Building Inspector, inquired if that was the case, when you work the 14 days, if
you work the sixth day; wouldn't that be at time -and -a -half?
Mr. Locke stated this was not the LPOA or LFFU contract, this was the 192 contract and the
normal work week is Monday through Friday. He cited Article 31 of the contract.
Mr. Campau stated that the definition of the work week is where the difference comes in.
Ms. Mahoney slated it seems that the Union is looking for a regular schedule. Mr. Campau
inquired if there was a way one person could be given the job and make that their regular work
week. Mr. Locke stated that is what the Union would prefer.
Mr. Bishop added this gives people the cross training that he wants to see in the Department
and it gives the department Flexibility. Mr. Bishop continued by stating the individuals have the
schedule, it is one weekend a month and it is a regular schedule and they know in advance.
Ms. Mahoney inquired what change caused the Saturday inspections to once again happen.
Mr. Bishop responded that the resumption of Saturday inspections was due to the return of
Page 11 1252" Regular Meeting September 25, 2008
improper signs on the weekends. Mr. Bishop reiterated he did not believe that changing the
work days to include Saturday as a regular work day to make Saturday the sixth day of work.
Each work week stands alone.
Mr. Biga stated he was in attendance at a meeting with the Building Inspection personnel when
this issue was discussed. He informed them it is possible to work ten (10) calendar days in a
row with no overtime being paid. There are some employers that schedule employees so they
work the last five (5) days in one work week and the first five (5) days of the next week, and
they end up with four (4) days off. This is a practice in some industries.
Also, the arbitration award Mr. Locke referenced involved whether or not someone would have
two (2) double-time days if they work a Tuesday through Saturday schedule. On Sunday,
according to the 192 contract, an employee is paid double-time. What the employee wanted
was to be paid double-time for Sunday and Monday as the seventh day of work.
The City said Sunday was payable at double-time and Monday was payable at lime -and -a -half.
The person involved did not accept that and that is why it went to arbitration. The arbitrator
referenced a grievance determination that the Civil Service Commission made which involved
someone working six (6) calendar days in a row and not being entitled to premium pay for the
sixth day, because the sixth day was actually in another work week. That set a precedent. In
1999, there was another grievance fled by a 192 member in the Library. In that grievance
reference was made to the prior grievance where an employee in Parks worked six (6) days in
a row and did not get paid any overtime. In the Library case, the Library changed the work
week permanently. Their work week goes from Sunday through Saturday. In their case, they
actually had employees work eight (8) calendar days in a row with no overtime being paid, but
the days were in two (2) separate work weeks. Therefore, no overtime was generated. The
then President of 192 agreed that was in accordance with the contract. This situation is the
same concept that has already been adjudicated twice. The Civil Service Commission has
been consistent. The Union understood it in the second instance, and did not file a grievance.
We now have a new grievance; three (3) people are alleging they were treated unfairly, when
they have been treated in accordance with what has been previously done.
Mr. Locke stated he thought Mr. Biga was omitting that incident involved a seven -day -a -week
operation. Ms. Lillibridge concurred with that grievance because the Library is a seven -day -a -
week operation of normal working hours. He cited City Hall hours were from 8:30 a.m. to
5:00 p.m. Monday through Friday because it is open to the public. That goes along with the
contract.
Mr. Campau indicated that Mr. Bishop was amenable to other alternatives. Mr. Locke stated
he has talked with Mr. Bishop and he was pretty adamant about wanting to "share the wealth."
Mr. Locke stated the Union as a whole doesn't want to have somebody decide that we're going
to disrupt individual schedules.
Ms. Mahoney asked if he was thinking the practice would now spread to the Water Department
and Roads and Parks. Ms. Mahoney believed that was not the intention. She suggested they
sit down with Mr. Bishop and discuss how they should schedule this.
Page 12 1252.d Regular Meeting September 25, 2008
Mr. Bishop explained again the intention is to cross train so different facets of the job can be
accomplished between the Inspection and Ordinance Divisions. Therefore, splitting the
diversity of the work, so they are not short in one section.
Mr. Campau inquired what they do with the signs when they find them. Mr. Bishop responded
that they do several things. One is go to the owner and inform them they can't have the sign
out there, remove it, and give them a warning. If the owner resists, they confiscate the signs.
If the City prosecutes the individual, they keep the signs for evidence. If the City does not
prosecute, the signs are discarded.
Jim Hamel, Building Inspector, indicated his problem is the interpretation of the meaning of the
word 'need." The contract states that they are to work Monday through Friday and it gives a
timeframe. He stated he has had people call him needing a Saturday inspection, which the
office is never open, or needing an inspection after hours, then they have to have a special
inspection and they have to pay for it. As a Building Inspector those needs can't be satisfied
without paying a premium. They are working six (6) days in a row but he was having problems
with understanding the need of the Department of working Saturdays as opposed to a Monday
through Friday vs. the need of the Department, which seems to be manipulating the ability for
overtime.
Mr. Campau asked if Mr. Hamel understood that when the Mayor tells you to do something,
you do it. Mr. Hamel said he understood that, but it is hard to tell "Mrs. Smith' who works all
week with five (5) children that she can't be home at the Inspection, she'd like the Inspection to
be on Saturday. Instead of doing inspections, they are picking up ground signs.
Mr. Raymond didn't understand why Saturday wasn't overtime because other employees in the
Department get paid overtime for working past their five day work week, which is usually a
Saturday. These gentlemen are going to be working Saturday without getting paid the
overtime. Mr. Campau responded that they were only working four days the following calendar
week.
Mr. Locke inquired if there was a reason why Saturdays can't be made an overtime day in an
effort to equalize overtime throughout the Department. He asked Mr. Bishop how many
employees were in the Department and Mr. Bishop responded there were 24. Mr. Bishop
stated the issue was the signs are being put up on the weekends because they know the
Inspectors haven't been out on Saturdays and the public is taking advantage of their schedule.
Mr. Campau asked if there was a motion.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
08-195 RESOLVED, That having reviewed AFSCME Union Local 192
Grievances #08-11, #08-12 and #08-14, dated September 5, 2008, from Larry
Rushing, Code Enforcement Officer; Tom Bak, Building Inspector and James
Hamel, Building Inspector, respectively, regarding working a sixth consecutive
day, and having discussion with Charles Locke, President, AFSCME Union Local
192; Alex Bishop, Director of Inspection; John Dauffenbach, Building Inspector;
John Raymond, Building Inspector; Ken Grzembski, Park Maintenance Worker I;
Robert Biga, Human Resources Director; and Jim Hamel, Building Inspector, the
Page 13 1252.d Regular Meeting September 25, 2008
Civil Service Commission does hereby deny the grievance, based on the fact that
scheduling based on the operating needs of the Department is a Management
right.
Upon a motion by Mr. Tatigian, seconded by Ms. Mahoney and unanimously adopted, it was
RESOLVED, That the meeting be adjourned at 6:36 p.m.
Gretchen Guisbert, Secretary III
Ronald E. Campau, Chairperson
Charlotte S. Mahoney, Commissioner
Harry C. Tatigian, Commissioner