VSEA Member Victorious At Labor Board In Dispute Over Improper Overtime Payments

October 2, 2015


VSEA learned this week that the union had scored a victory at the Vermont Labor Relations Board (VLRB) on behalf of a Fish and Wildlife Department member. 

On September 10, VSEA Associate General Counsel Justin St. James and VSEA member Michele Eynon appeared at the VLRB to participate in a hearing that concerned the State providing only compensatory time to employees for overtime worked, instead of cash, as the contract dictates for members in certain overtime categories. VSEA and Eynon argued the arrangement ignores the employee’s overtime category that dictates cash as the form of compensation for all overtime hours worked.

The VLRB ruled in its decision that VSEA members who are in overtime categories that require the State to pay them cash, and not compensatory time, for overtime hours must follow the contract and pay the members in cash. Further, the VLRB determined that because management alone authorizes overtime hours, that regardless of whether members are assigned or volunteer for overtime work, workers must be paid according to the contract. And the Board reaffirmed its long-held belief that in contractual grievance matters involving pay, the timeline for filing grievances is dependent upon when employees receive their pay advice or paychecks, not when they may have knowledge of how the State intends to pay them.




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