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03/20/2015 (2)
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03/20/2015 (2)
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Last modified
3/16/2018 4:21:34 PM
Creation date
7/29/2015 12:01:59 PM
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Meetings
Meeting Type
Impasse Hearing
Document Type
Agenda Packet
Meeting Date
03/20/2015
Meeting Body
Emergency Services Board
Board of County Commissioners
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this equates to 4 months of shift exchanges each year. Moreover, these shift <br />exchanges are not being paid back in the same year — it is rare that the exchanges <br />zero out in the same year, and it is not uncommon for employees to end the year <br />with over 20 shifts (2 months) to the plus or minus. And, disturbingly, it is clear <br />that an underground economy has developed whereby employees are exchanging <br />cash in lieu of repaying shift exchanges — there is no way that bargaining unit <br />employees are working 2 extra months a year without any additional <br />compensation. This system has resulted, for example, in employees actually <br />working only 7 months and being on shift exchange and paid leave for 5 months <br />last fiscal year, while costing the taxpayers $90,568 in pay and benefits. <br />Local 2201's counter is, "why should the County care as long as the shift <br />exchanges are not costing the County overtime." The reason why the County <br />cares is multi -fold. First, the shift exchanges do actually cost the County <br />overtime and/or working out of class pay. The reason for this is that shift <br />exchanges are often requested months prior to the date of the exchange. For <br />example, there are times when a Solo Fire -Medic requests an exchange with a <br />non -Solo Fire -Medic for a shift that is 2 months away. The shift exchange is <br />approved where, at the time it is requested, there are no anticipated operational <br />impacts of the exchange based on then -scheduled staffing. However, by the time <br />the actual exchange takes place 2 months later, due to factors such as illness and <br />injury, having a non -Solo Fire -Medic work for a Solo Fire -Medic results in a <br />shortage of Solo Fire -Medics on shift, and the Division has to pay overtime to a <br />Solo Fire -Medic to cover the shortage. In an attempt to address this issue, the <br />Emergency Services Director exercised the discretion provided to him under the <br />current Article 19 of the CBA and directed that the advance approval of shift <br />exchanges be discontinued. This resulted in Local 2201 filing a grievance, and <br />the Emergency Services Director withdrawing his directive. As Local 2201 was <br />unwilling to work with the Emergency Services Director to resolve this issue, the <br />County had no choice but to address it through a change in the CBA language. <br />Second, the County has an obligation to ensure that the Division's employees are <br />appropriately trained and that their skills and abilities are properly assessed. As <br />such, employees are scheduled for training and assessment at the training grounds <br />once each month. When individuals are off from work for 2 to 4 months a year <br />on shift exchanges, it is impossible to ensure that they are appropriately trained or <br />that their skills and abilities are being properly assessed. This has the very real <br />potential of impacting the health and safety of the public. <br />Lastly, the County has an obligation to ensure that an underground, off -the -books <br />economy does not exist as a result of its shift exchange policy. Tellingly, Local <br />2201 never denied at the Special Magistrate hearing that cash was being <br />exchanged under the table. Employees accepting cash for working shifts and not <br />reporting such payments to the IRS raises a number of legal issues. The County <br />cannot turn a blind eye towards these issues. <br />14 <br />14 <br />
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