Supervisor Training for Unit N CBA

Good evening, late this afternoon I sent the following email to the LRU stating our opposition to the training and their position of what is to be paid to supervisors in accordance with the Unit N CBA. We are not going to accept the explanation that they have given. We will wait for their response and then take the fight to them if they do not rescind the instruction denying supervisors on swing shift Shift Differential and all supervisors 2.5 times your pay on holidays.

Good afternoon LRU,

 

Article 8.9 and 8.11 of the ratified and executed collective bargaining agreement for Unit N state:

 

8.9 HOLIDAY PREMIUM PAY

8.9.1 When an authorized holiday falls on an employee's regularly scheduled workday and the

employee is required to work, the employee shall be paid at their regular hourly rate of pay

and Holiday Premium Pay of an additional one and one-half (1 ½ ) times their normal hourly

rate of pay for all hours worked within the designated twenty-four (24) hour holiday period

The employee can elect to bank their Holiday Premium Pay (1½ times additional pay) as

Compensatory Time.

 

8.11 SHIFT DIFFERENTIAL PAY

8.11.1 Employees who are assigned a regular work schedule on swing shift, graveyard shift, or

night shift on twelve (12) hour shifts, will receive shift differential pay equivalent to five

percent (5%) of their regular hourly rate of pay for all hours worked. Employees assigned as

stated above will receive Shift Differential Overtime (OTPSD) for additional hours worked

on Overtime.

 

It has come to the attention of FOP Lodge 21 that the current training that is being provided for supervisors with regard to the Unit N CBA includes instruction that supervisors will not receive Holiday premium pay equal to 2.5 times their rate of pay and will not receive shift differential pay for swing shift. We have confirmed through photographs of the training that LRU is asserting that these benefits are not to be paid because "AB 596 did not appropriated funds" for these items.

 

 

First, not every payment type or benefit requires a legislative appropriation. An excellent example of such is overtime. The budgets submitted for NDOC and DHHS do not include specific overtime budgets. Accordingly, overtime is paid out of other available monies such as vacancy funds. A legislative appropriation is only necessary where a pay item or benefit cannot otherwise be covered by “any other available money” as provided for under NRS 288.505(5)(c).

 

 

Second, the requirement to submit the CBA and any necessary "supporting material for the governing body and relating to the fiscal impact of the agreement," for approval by the Board of Examiners (BOE) is outlined in NRS 288.555.

 

   NRS 288.555  Collective bargaining agreements must be approved by State Board of Examiners at public hearing.

      1.  Any new, extended or modified collective bargaining agreement or similar agreement between the Executive Department and an exclusive representative must be approved by the State Board of Examiners at a public hearing. 

      2.  Not less than 3 business days before the date of the hearing, the State Board of Examiners shall cause the following documents to be posted and made available for downloading on the Internet website used by the State Board of Examiners to provide public notice of its meetings:

      (a) The proposed agreement and any exhibits or other attachments to the proposed agreement;

      (b) If the proposed agreement is a modification of a previous agreement, a document showing any language added to or deleted from the previous agreement; and

      (c) Any supporting material prepared for the governing body and relating to the fiscal impact of the agreement.

 

This is the joint responsibility of the LRU as the Governor's Designated Representative and the Governor's Finance Office (“GFO”). If, in accordance with NRS 288.555 (2)(c) there is a fiscal impact of the agreement, the State must identify such.  In connection with the BOE submittal for the approval of the Unit I contract, LRU/GFO did not identify any fiscal impact for Holiday premium pay. Likewise, no fiscal impact was identified for Unit N.

 

If LRU/GFO did not identify any fiscal impact, the failure of the Legislature to appropriate funds cannot be utilized as a basis to deny the benefit. In such instances, it is the responsibility of the Department(s) to utilize “any other available money” as provided for under NRS 288.505(5)(c).

 

In the case of both Holiday Premium Pay and Shift Differential Pay, both are required to be paid under the NAC, and both are required to have been included in the Governor's Executive Budget as “NEBS Non-Schedule Driven GLs” according to the GFO’s Budget Building Manual. Accordingly, in the case of Shift Differential Pay, this amount must have been budgeted; the only difference between shift differential pay under the NAC, and the CBA, are the hours which constitute swing shift. In the case of Holiday Premium Pay, if the amount budgeted was only 2 times the normal rate of pay under the NAC, instead of 2.5 times the normal rate of pay under the CBA, the .5 times the normal rate difference will have to be made up out of “any other available money” as provided for under NRS 288.505(5)(c) such as vacancy funds or other budgeted items.

 

 

FOP Lodge 21 respectfully requests that the incorrect training and instruction that is currently being performed for supervisors on the Unit N CBA cease immediately and the correct instruction be given to provide the members of Unit N the full benefits that they are entitled to under the Unit N CBA. If the incorrect instruction continues, we will be left with no choice but to take immediate legal action on this matter. Please provide your response on how you intend to proceed.

Respectfully,

Paul Lunkwitz

President

FOP

Nevada C.O.Lodge 21