overtime without negotiation.
After sustaining the grievance, the arbitrator shifted her analysis to the remedy. There are inherent problems in fashioning a remedy with regard to denied CTO time. Once a requested CTO day is denied, there is no arbitral magic that allows PBA unit members to travel back in time and take the requested days off. To address this dilemma, we proposed as a remedy that the arbitrator allow each unit member the option to cash out the CTO hours they had sought to use but were denied. The arbitrator found that this remedy was in accord with the contractual provision allowing officers the option of electing cash or CTO for overtime work, and therefore it was awarded. The arbitrator also ordered the Township to allow officers to use CTO even if it causes overtime and rescind the change in policy.
There are several important takeaways from this decision. First, the granting and scheduling of compensatory time off is negotiable. Unless the parties negotiate a provision in the contract granting the employer discretion to implement a policy concerning compensatory time scheduling, the employer cannot change a policy or practice without negotiating with the PBA. Further, the simple fact that granting compensatory time off will create overtime does not mean that an employer may deny the request. Rather, the employer must show that granting the request would unduly disrupt the provision of efficient government service. For example, the employer would have to show that minimum staffing levels could not be met if the request is granted, either with overtime or otherwise. d
James M. Mets, Esq., is a partner with Mets Schiro McGovern & Paris, LLP. He tried this arbitration with the assistance of Senior Associate Brian Manetta, Esq., and Associate David Bander, Esq. www. njcopsmagazine. com ■ JUNE 2017 25