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Protected
Activity
When
an employee is
engaged in protected activity the employee and the employer are equals
advocating respective positions, one is not the subordinate of the
other. If either acts in an inappropriate manner or advocates positions
which the other finds irresponsible, criticism may be appropriate and
even legal action, ... may be initiated to halt or remedy the other's
actions. However, ... where the employee's conduct as a representative
is unrelated to his or her performance as an employee, the employer
cannot express its dissatisfaction by exercising its power over the
individual's employment.
The Board may criticize employee representatives for their conduct. However, it cannot use its power as employer to convert that criticism into discipline or other adverse action against the individual as an employee when the conduct objected to is unrelated to that individual's performance as an employee. To permit this to occur would be to condone conduct by an employer which would discourage employees from engaging in organizational activity.
N.J.S.A.34:13a
Employer-Employee Relations Act
Departments
have been
denying the use of compensatory time claiming that it is "unduly
disruptive" to the Department's operations. The decision in Beck
v. City of Cleveland, has stated
that causing the Department to incur the financial burden of paying
overtime is not "unduly disruptive" and the Department would in fact
have to be unable to pay overtime, or nearly bankrupt to have it be
deemed so. In other words, if you are denied a "timely
request" to use your compensatory time and it is denied, check the
roster, see who is working, are there overtime assignments?
Search Warrants? DWI patrols?
Also
incorporated in the
decision:
"It is the committee's view that an employee should not be coerced to accept more compensatory time in lieu of overtime pay in a year than an employer realistically and in good faith expects to be able to grant to that employee if he or she requests it within a similar period. To do otherwise would permit public employers to enjoy the fruits of the overtime labors of the employee without having to pay the overtime required by the Act. Clearly compensatory time is not envisioned as a means to avoid overtime compensation".
It appears you
should be able to use
the amount of compensatory time you earn in a year, within that same
period.
The Act that the
case refers to is
the Fair
Labor Standards Act otherwise
known as the FLSA. International Union of Police
Association's General Counsel, Aaron
Nisenson explains the case and
its impact.