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  1. #1
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    Default Work prior to shift

    We are starting our contract negotiations and a very strange issue is coming out. The City wants us to agree to not work 8 hours prior to our shift. They are saying that we should be well rested and in a state of readiness. They are trying to prevent a few guys from working other jobs that put food on the table for their kids. I am not looking for whether or not we should work at other jobs here. I am looking to see if anyone has any sort of policy or knows of the legality behind this sort of thing. We are planning on fighting this. We have a 48 maximum work period policy. They are trying to use this towards that as well. But, if they say that working prior to shift is a problem, then how can we work doubles or overtime after shift? If they say that I am too tired to work and am unfit for duty because I worked prior to shift, wouldn't that apply to doubles and OT shifts as well? This ultimately would cause an OT frenzy if our logic is correct costing the City tons.
    Jason Brooks
    IAFF Local 2388
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  2. #2
    Forum Member DeputyMarshal's Avatar
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    Quote Originally Posted by jbrescue View Post
    We are starting our contract negotiations and a very strange issue is coming out. The City wants us to agree to not work 8 hours prior to our shift.
    How much are they offering to pay for this absurd requirement? Legally, they can't substantially restrict your off duty activities without compensation. (It's essentially no different that requiring you to be 'on-call' for 8 hours before your shift.)

    I'd suggest telling them to have a Coke and a smile and STFU...
    "Nemo Plus Voluptatis Quam Nos Habant"

    The Code is more what you'd call "guidelines" than actual rules.

  3. #3
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    Default

    We had a similar issue with guys working on the private ambulance service overnight and other guys dealing cards at the casino on the overnight shift then coming into the station.

    Guys have to be ready to work, if they are coming in dragging *** their company officer needs to deal with the issue. When it came up in our negotiations we basically said, we'll take care of it and we did.

  4. #4
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    This is basically what we are saying as well. We feel that the CIty has no reason to be involved and that if it ever becomes and issue, handle it internally. Thanks so far guys.
    Jason Brooks
    IAFF Local 2388
    IACOJ

  5. #5
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    Quote Originally Posted by DeputyMarshal View Post
    How much are they offering to pay for this absurd requirement? Legally, they can't substantially restrict your off duty activities without compensation. (It's essentially no different that requiring you to be 'on-call' for 8 hours before your shift.)

    I'd suggest telling them to have a Coke and a smile and STFU...
    This is my problem. I need to know what laws govern them from doing this. I have contacted our state employee relations board with no help. Any ideas of where to look? I will keep plugging away online.
    Jason Brooks
    IAFF Local 2388
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  6. #6
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    Default

    Look at the Fair Labor Standards Act (FLSA).

    FLSA states that time away from work under your employers control may be compensable.

    Here is some information from nolo.com
    -------------------
    "The most mediocre man or woman can suddenly seem dynamic, forceful, and decisive if he or she is mean enough." from "Crazy Bosses"
    -----------------------------------------------
    Genius has its limits, but stupidity is boundless.

  7. #7
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    Default

    If it is so important to them, they should pay you enough to live a decent lifestyle in your area. I said decent, not extravagant. If your guys must truly work a 2nd job just to feed your kids, then you are grossly overpaid or have a skewed list of priorities.

  8. #8
    MembersZone Subscriber Paddiegrunt's Avatar
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    L.A.County Fire has a maxium of 24 hrs a week for outside employment, but nothing about not working before on duty shift
    Slop sink, Flags and pump 150
    Getting there is half the fun

  9. #9
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    The city for which I work has the stipulation of "not working within 8 hours prior to the beginning of your shift". Never really caused any problems for us, of course we don't have a contract and it is a "right to work state".

    I have found that this is normal through the jobs I have had with shift work involved in providing emergency services.

    Now, having said all that....is it strictly followed? NO...but there has been one instance where it was causing a problem that I know of and it was handled by the company officer.

  10. #10
    Forum Member DeputyChiefGonzo's Avatar
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    Quote Originally Posted by Paddiegrunt View Post
    L.A.County Fire has a maxium of 24 hrs a week for outside employment, but nothing about not working before on duty shift
    How do they enforce that?
    Do the firefighters have to account for their off duty time?
    ‎"The education of a firefighter and the continued education of a firefighter is what makes "real" firefighters. Continuous skill development is the core of progressive firefighting. We learn by doing and doing it again and again, both on the training ground and the fireground."
    Lt. Ray McCormack, FDNY

  11. #11
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    Quote Originally Posted by MontvilleFire39 View Post
    If it is so important to them, they should pay you enough to live a decent lifestyle in your area. I said decent, not extravagant. If your guys must truly work a 2nd job just to feed your kids, then you are grossly overpaid or have a skewed list of priorities.
    Would you like to restate this in English so that the rest of us can understand what you are saying here? How can one be grossly overpaid if they need a second job?
    Jason Brooks
    IAFF Local 2388
    IACOJ

  12. #12
    MembersZone Subscriber Paddiegrunt's Avatar
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    Quote Originally Posted by CaptainGonzo View Post
    How do they enforce that?
    Do the firefighters have to account for their off duty time?
    Each year with our personnel eveluation their is a outside employment documentation. It is on the honor system.
    Slop sink, Flags and pump 150
    Getting there is half the fun

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