Commission Limits Negotiability of Overtime Assignments

By Ira W. Mintz, Esq.

City of Vineland and PBA Local 266

In P.E.R.C. No. 2013-37, the Commission restrained arbitration over a grievance challenging the police chief’s decision to limit certain overtime assignments to detectives in the juvenile bureau.  In prior and subsequent decisions, the Commission recognized the right of unions to negotiate rotation of overtime assignments among qualified individuals.  See, e.g., Borough of Clayton, P.E.R.C. No. 2013-47 (allocation of overtime among qualified individuals is negotiable and arbitrable).  In this case, the Commission expanded the scope of the employer’s managerial prerogative to permit the employer to limit overtime to those employees whom the employer deemed most qualified.

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