Feb 06, 2015

NAGE Wins Arbitration for MassDOT Member

Arbitrator Michael Stutz recently ruled in favor of NAGE regarding an overtime grievance filed by a NAGE member at the Massachusetts Department of Transportation.
The grievant was a Contract Specialist II, a foreman at the Belchertown Depot. About 80 per cent of the time, the grievant performed the normal duties of a Maintenance Equipment Operator (MEO). He spent the remaining 20 per cent of his time on administrative duties. In July 2013, he stopped receiving planned overtime for bridge/deck/guard rail repair work done out of the Belchertown depot. 
The grievant filed a grievance under Article 7 of the collective bargaining agreement. The article specifies that overtime is to be distributed "as equitably and impartially as practicable among persons in each work location who ordinarily perform such related work in the normal course of their workweek."  MassDOT argued that it did not need his services as a foreman on the work in question, which was planned overtime. 
The arbitrator found that the grievant was entitled to the overtime because, although he was a foreman, he spent 80 per cent of his working time doing the type of repair work being assigned to MEOs in his depot. Therefore, he was one of the employees "who ordinarily perform such related work in the normal course of their workweek,” regardless of his foreman’s duties.
The arbitrator ordered that the grievant be paid for the overtime he would have worked had it been offered to him when the MEOs working under him in Belchertown received overtime.

Only a life lived for others is a life worthwhile. - Albert Einstein
NAGE HEADQUARTERS 159 Burgin Parkway
Quincy, MA 02169
Main Phone: (617)376-0220
Main Fax: (617)984-5695
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