AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Shift Rotation and Work Schedules

     Arbitrator holds that a partial work period is not subject to being filed as a vacant work shift. "Had the parties wished to do so, they could have so provided" but an arbitrator "cannot expand the scope of [the contract to] vacancies which may occur when an officer leaves work before the end of his or her shift." City of Kalama and Kalama Police Guild, Wash. PERC #15771-P-01-00514, 116 LA (BNA) 1349 (Henner, 2002). {N/R}
     Arbitrator finds that repeatedly scheduling the grievant to work a split shift violated an established past practice. Town of McCandless, Penn. and McCandless P.O.A., FMCS Case #02/04412, 117 LA (BNA) 456 (Parkinson, 2002). {N/R}
     An epileptic worker was not entitled to a shift change because both physicians did not provide any medical documentation to establish that an assignment to another shift could help prevent a seizure from occurring. Gaines v. Runyon, #96-5299, 6 AD Cases (BNA) 688, 107 F.3d 1171 (6th Cir. 1997). {N/R}
     The ADA may require an employer to reassign a disabled employee. The plaintiff had alleged her employer failed to reassign her to a position on the day or afternoon shift after her disability (depression, anxiety and sleep disorder) made her unable to work on the night shift. Gile v. United Airlines, #95-3432, 5 AD Cases (BNA) 1466, 95 F.3d 492 (7th Cir. 1996). {N/R}
     Federal court rejects the ADA claim of a police officer with "shift work sleep disorder." Dept. not obligated to transfer her to the day shift. Williams v. City of Charlotte, 899 F. Supp. 1484, 1995 U.S. Dist. Lexis 14843 (W.D.N.C.). [1996 FP 12-13]
     Arbitrator orders a corrections dept. to allow an employee to work a 4-10 schedule. Management failed to advance a reasonable basis for denying the request. Cal. Dept. of Corrections and AFSCME L-2620, 102 LA (BNA) 1115 (Rule, 1994). [1995 FP 12]
     Michigan arbitrator upholds a unilateral transfer of a police lieutenant to the day shift to accommodate his illness, despite the union's objection that shift assignments are strictly controlled by a seniority clause in the collectively bargained agreement. Dearborn Heights P.S.A. and City of Dearborn Heights, 101 LA (BNA) 809, A.A.A. #54-39-0203-93 (Kanner, 1993). [1994 FP 24-5]
     Arbitrator holds that a sheriff's dept. violated the employment agreement by allowing a diabetic deputy to change to the day shift without regard to seniority rights. Clark Co. Sheriff's Dept. and F.O.P., 102 LA (BNA) 193 (1994). [1994 FP 119]
     Michigan arbitrator decides employment rights under the ADA, and upholds a unilateral transfer of a police lieutenant to the day shift to accommodate his illness (diabetes), despite the union's objection that shift assignments are strictly controlled by a seniority clause in the collectively bargained agreement. Dearborn Heights P.S.A. and City of Dearborn Heights, 101 LA (BNA) 809, A.A.A. #54-39-0203-93 (Kanner, 1993). [1994 FP 24-5]
     Pay issue while on sick leave: disabled employee was no longer entitled to the night shift differential during the time he was not working because of disability. Benson v. County of Nassau, 524 N.Y.S.2d 733 (App.Div. 1988).
     City could unilaterally increase employee work time and restructure rotations, in spite of fact the change was in retaliation for supporting the opposition in the elections. F.O.P. Lodge 121 v. City of Hobart, 864 F.2d 551 (7th Cir. 1988).
     Arbitrator rules that a city violated the collective bargaining contract when it unilaterally discontinued the four-day, 10-hour workweek option afforded fire-prevention employees. Miami (City of) and IAFF L-587, 89 LA (BNA) 86, FMCS Case #86K/20608 (1987). {N/R}
     Ohio city violated state law by unilaterally changing the scheduled work hours of its firefighters without first bargaining with exclusive representative. State Employment Relations Board v. City of Bedford Heights, 41 Ohio App.3d 21, 534 N.E.2d 115, 1987 Ohio App. Lexis 10746. {N/R}
     Ohio city unlawfully refused to bargain by stating its intent to unilaterally change the hours of its firefighters from 24 hour tour of duty followed by 48 hours off. State Employment Relations Board v. City of Strongsville, # 86-ULP-10-0389, 4 OPER (LRP) P4074 (Ohio SERB Hrg. Ofcr. opin.). {N/R}
     Appellate court overturns "psychic injury" award to employee who suffered mental distress when transferred to the night shift. Andracki v. Workmen's Compensation Appeals Board, 508 A.2d 624 (Pa. Cmwlth. 1986).
     Minnesota appellate court recognizes "phase shift sleep syndrome" as a legitimate illness; a disability pension is proper in appropriate cases. Ide v. Red Wing Police Relief Association, 366 N.W.2d 610 (Minn. App. 1985).
     A police union's proposal, requiring a township to bargain, concerning a decision to move officers from one shift to another, to rotate all personnel through three shifts, or to change starting and ending time of various shifts, was a mandatory subject of bargaining. Township of Delran and Delran Patrolman's Ass'n, N.J. Pub. Empl. Rel. Cmsn. #83-77, 9 NJPER (LRP) P14,023 (1982). {N/R}
     

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