Did City Have the Right to Mandate Overtime?

Portsmouth, NHIt's one thing to work overtime hours and not be paid for that overtime—and the majority of overtime complaints subscribe to such an occurrence. However, the other extreme also applies—when an employee is allegedly forced to work overtime he has not agreed to, nor is he required to.

At least that's the debate that unfolded this past winter and spring in Portsmouth, New Hampshire.

On May 18, 2009, Seacoastline.com reported on the filing of a grievance by the union representing Portsmouth City employees, alleging that the City of Portsmouth violated existing rules and its contract with workers by mandating city employees to work overtime for snow removal.

The grievance appears to pit the Portsmouth City Employees' Union against the City of Portsmouth with regard to mandatory overtime and whether or not a city employee has the right to refuse overtime without repercussions, regardless of the reason and the circumstances surrounding the request for overtime.

The grievance related to what the union calls unfair labor practice when, on December 10, 2008, the City Public Works Director allegedly issued a memo stating, according to the report posted on Seacoastline.com, "this is to remind you that overtime is considered to be mandatory and is a condition of employment."

The union further alleged that on December 30 of that same year a public works employee was disciplined by way of a three-day suspension for failing to work a previous Sunday.

A union representative noted that union members were not required to respond as such and had declined overtime work previously, without disciplinary action.

It was also reported in Seacoastline.com that the union's contract with the City had expired the previous June, in 2008, and the union and the City were in contract negotiations when the City memo cited in the union grievance was posted.

Thus, the union was of the position that the City had unilaterally changed the terms and conditions of employment by posting such memos and taking action to suspend a City employee for refusing to work overtime when asked.

According to the Seascoastline.com report the union took exception to a memo posted at the highway department noting an impending snowstorm and advising that "no one leaves until checking with a supervisor."

The union representative called for City of Portsmouth administrators to "cease and desist any unilateral changes in the working conditions with respect to voluntary overtime."

The Portsmouth City Employees Union represents city employees from public works, the library, recreation department workers, emergency dispatchers, meter readers, custodians and administration assistants.

The grievance filed by the union pertained specifically to mandated overtime for snow removal.