Issue link: http://cp.revolio.com/i/1731
AMERICAN POLICE BEAT: MAY 2009 45 I n Massachusetts, the state's highest court has ruled that Boston failed to bargain in good faith with the city police union when it changed how it pays overtime to offi cers back in 2002. According to an article by Boston Globe reporter Maria Cramer, the ruling by the Massachusetts Supreme Judicial Court rejected the city's argument. That argument was basi- cally that federal law allows municipalities to pay over- time only after offi cers have worked more than 171 hours in 28 days, instead of more than 40 hours over seven days. The ruling means the city will owe hundreds of offi cers hundreds of thousands of dollars in overtime. The court did not dispute that the city had a right under federal law to change how to pay overtime but that it couldn't do so without bargaining with the union, said Bryan Decker, a law- yer for the Boston Police Patrolman's Association. "The city has committed prohibited practices . . . in failing to bargain col- lectively with the union in good faith," according to the ruling. Union officials said the decision ensures that offi cers will be paid like any other worker. Under the current system, a police offi cer cannot be paid time and a half unless he or she has worked more than 171 hours over a 28-day period, even if the offi cer had worked a 50-hour week during that time. "It's just a law that protects people who work more than 40 hours a week," said Thomas Nee, union presi- dent. "Those workers' rights extend to police officers too. When they make us work more than 40 hours a week, we're appropriately compensated." Decker said the city could have averted this conclusion if officials had bargained with the union. The city adopted the 28- day/171-hour work period after a series of meetings around March 2 00 2. A union representative was not present at any of the meetings, according to the ruling. "We must have sent six or seven letters before they did this saying, 'We are happy to bargain with you,' and they said, 'We don't have to bargain with you,'" Decker told the Globe. "This could have been avoided at any step of this process. The city has no one to blame at this point but itself." Judge sides with cops in dispute with city hall Judge tells Boston: "You can't just make changes to the way you pay cops for overtime." Boston Police Patrolmen's Association President Thom- as J. Nee. Circle number 133 on the Reader Service Card. Panasonic recommends Windows Vista ® Business. WITH INFRARED TECHNOLOGY. There is nothing more valuable than a witness. That's why we've combined the Panasonic Toughbook ® 30, powered by Intel ® Centrino ® 2 with vPro ™ technology, with the Toughbook Arbitrator to give you picture-perfect video recording and transmitting when it matters most. It's tamper-resistant, and feeds video wirelessly from your car to your department's network. So no matter what, you'll be able to take each case to court with conviction. 1.888.357.1107 / panasonic.com/toughbook /lawenforcement IN YOUR WORLD, WHAT YOU CAN'T PROVE NEVER HAPPENED. Intel, the Intel logo, Centrino, Centrino Inside, Intel vPro and vPro Inside are trademarks of Intel Corporation in the U.S. and other countries. Toughbook notebook PCs are covered by a 3-year limited warranty, parts and labor. To view the full text of the warranty, log on to panasonic.com/business/toughbook/support.asp. Please consult your Panasonic representative prior to purchase. Panasonic is constantly enhancing product specifications and accessories. Specifications subject to change without notice. (*CF-30K) ©2009 Panasonic Corporation of North America. All rights reserved. NeverHappened_LE_FY09-2 FOR A TOUGHWORLD ™ TOUGHBOOK 30 * TOUGHBOOK ARBITRATOR