Arbitrator orders Town to pay Tyngsborough Police Officers “premium” detail rate
NEPBA Attorney Gary Nolan (NP) represented NEPBA Locals 8A and 8B in this important arbitration victory for the two Tyngsborough unions. Here, the union negotiated a special detail rate of pay for certain jobs (holidays, weekends, overnights, etc.). As is typical, the union agreed to a discounted rate for jobs paid for with Town funds. At the bargaining table, the union made clear that the reduced rate would not apply when private vendors performed the work.
Initially, the town followed the intended rules for several projects, and paid the officers accordingly. Suddenly, for no apparent reason, it decided to stop paying officers the premium rate on qualifying jobs, even where the work done by private vendors as part of a publicly bid contract. The town claimed that because the projects were paid for by Mass. Highway (so-called Ch. 90) money, the town now considered such funds to be “town funds” once the state approved of the project. The arbitrator disagreed, and ordered all officers to be fully compensated at the increased rate, and even awarded interest. Some interesting documents produced by the Town ultimately sealed its fate at arbitration.