We, as the line staff, are currently being called upon to fill ever increasing staff shortages by volunteering or being ordered to work overtime. Last year, the DSA entered into a one year agreement with the administration to assist with filling this need. The agreement ended September 9th 2018 and there is little change for many DSA members.
Currently the administration is required to follow our current MOU if an employee is required, ordered, to work overtime:
Employees shall be scheduled to work on regular work shifts having regular starting and quitting times . Except for emergencies, employees’ work schedules shall not be changed without three (3) calendar days prior notice to employee. Nothing herein shall be construed as a guarantee of a minimum number of hours of work per day or per week. Nothing herein shall be construed to modify whatsoever a workday or workweek as defined by the County.
regular work shifts having regular starting and quitting times
Except for emergencies, employees’ work schedules shall not be changed without three (3) calendar days prior notice to employee.
This means the shift, times and days off, you picked and agreed to work at shift change.
Our issue is interpretation:
The Sheriff interprets this as notice must be given if you are switched from days to nights.
The DSA interprets this, after consulting the lawyers, as if your agreed upon shift is changed.
How to deal with this issue until resolution:
Volunteering for OT is a personal choice and backed by the DSA if that is your decision.
If you are requested to work OT (example asked Monday to work Wednesday the same week) you are well within your rights as an employee of San Luis Obispo County to decline.
If ordered to work OT in the same situation you must comply. The Sheriff will charge you with insubordination if you do not. In this case, the SO is in violation of our MOU as currently written and you have all rights to file a complaint for the violation if you choose to do so.
If you don't complain, then we continue with the status quo. If a number of us make HR aware of the violation through the complaint process, they are compelled to look into the issue. Again this is a personal choice. I am just providing you the information as required as a representative of labor.
All requests for OT due to a Natural Disaster or Declared Emergency by a sitting official make this null and void; we are First Responders.
If you have any questions or wish to discuss your rights on this issue, please feel free to contact your DSA President.