I wanted to address to our members the basis behind the GPOA's gathering of information and a lawsuit, by members, against the City concerning FLSA.
Since the 4/4 schedule and O-time came into being, the GPOA has felt that the City has committed numerous FLSA violations. We believe O-time may be in violation of FLSA. Having detectives and other 40-hour a week employees called out after normal work hours and only issuing them "straight" C-time in return, was also believed to be a violation. In addition, mixing premium C-time and regular C-time and refusing to allow officers off, due to minimum staffing standards, was believed to be a clear violation of FLSA.
When the GPOA wanted to address manpower issues, minimum staffing and the fact that at times the city was being protected by as few as 18 call answering cars, we were told that going away from the 4/4 schedule could be an easy fix, if that was what the GPOA wanted. A near threat.
The City refused to acknowledge the duty related death of Officer Chris Beane. When his wife filed a lawsuit against the City for a claim on Worker's Compensation, and in her complaint spoke of minimum staffing, the GPOA was told that a schedule change could occur, should she win. Another near threat.
When the GPOA attempted to address the accumulated C-time issue we were told the 4/4 schedule could be affected and may be changed, if that was what the Union wanted. Another near threat.
When officers criticize required obligated time special assignments on their off days, they are told a schedule change could be the alternative. Another near threat.
The GPOA requested to be put on the City Council's agenda in January 2002 to discuss work related concerns in regard to pay and other issues, but were rebuffed by the City Manager.
The GPOA met with a few individual City Council members in January 2003 to discuss work related concerns in regard to pay and other issues, but were again rebuffed.
Then, I was interviewed by an Assistant City Manager concerning the requirements for the new Chief of Police. In that interview, I was told a schedule change would occur, possibly before the new Chief was in place. The City Administration had decided that instead of listening to and addressing these issues, a schedule change would make all things better.
In April 2003, letters were sent to every Council member asking to be heard before the 2003-2004 budget was approved. We again requested the opportunity to present our work related concerns, in regard to pay and other issues, to the Council and the citizens without having to being stuck in the late night "speakers from the floor" category. We asked for the same courtesy provided to Action Greensboro, Project Homestead, and other selected individuals the Council chooses to put on the agenda. Again, we were met with two promises to "bring it up" but have not been re-contacted or put on the agenda.
The GPOA became tired of being ignored and the near threats and began to explore whether FLSA violations were in fact occurring. Random members were given surveys to complete and return. The completed surveys, prepared by the International Union of Police Associations, were a broad gauge of work schedules and work time compensation. Those surveys were returned to the General Counsel of IUPA, who after review, concluded that in his opinion, there were violations.
It was at this time that the Association began organizing a FLSA lawsuit. Bill Hill and Paul McDonald traveled to meet with Mike Leibig, IUPA General Counsel, and were provided with a timetable to file a lawsuit. An effort was made to do so before a new Chief was in place. In two and a half days, signatures were gathered by word of mouth and email. Those who we were able to reach in the short time frame have filed a lawsuit in Federal Court in Greensboro, alleging the City of Greensboro has violated the Fair Labor Standards Act.
Should the Court find in the City's favor, their position and attitude toward ignoring us will be affirmed and the schedule will be changed at their will. Should the Court find in our favor, the current violations/ issues will have to be addressed and corrected. We will now press the City Council about pay issues and manpower shortages without being threatened.
What we are now asking members is that if you have not already signed onto the suit and wish to, please contact Bill Hill, Mike Brazinski, Paul McDonald or me to sign on. If and when we are able to amend the suit, you will be added.
Will there be a cash settlement? A cash settlement may occur but don't expect much if any. When Raleigh officers sued and won, each officer received in the area of $500.
If I sign on will it be held against me? By Federal law, you cannot be discharged, disciplined or penalized for participating in a lawsuit or asserting your rights under FLSA. The more GPOA members that sign on, the better.
Will this cause the 4/4 schedule to be changed? The City administration has already openly explored a schedule change and has recently committed to initiating a change. What that is yet, is still unknown.
Isn't the talk of rotating shifts a direct result of the lawsuit? Prior to Chief White leaving the Department, I had a conversation with a member of the Command staff. The conversation included the talk of rotating shifts and how permanent shifts only benefit day shift officers. I disagree.
I don't think I have been "violated" under FLSA. Mr. Leibig and Bill Hill, our local counsel, believe we have a good case against the City. If you have worked the present 4/4 schedule, worked the 40hr week and received C-time, worked off O-time or wanted off but couldn't due to manpower shortage, you may have been "violated."
What have I to gain by joining this lawsuit? You joined the Union. Help us in remaining strong, bettering the life of the working officer and holding the City accountable. If we stay strong and joined together we can compel the City and City Council to hear our concerns. If not, we're just a social club. Join your brothers and sisters in signing on. Get involved.
Again, contact Bill Hill, Mike Brazinski, Paul McDonald or me to sign on.
I want to congratulate Scott Kelly in his election to Vice President/ Legislative Director. Scotty has hit the ground running. He has some info that may concern members who have out-of state policing time, military time or time in which they separated from the Department and came back. If you want to buy your time, Page Scott or send him an email at kelly@greensboropoa.org and let him pass along what he knows about it.
On to other things, Paul McDonald and I met with Chief Wray on Monday August 4th. Chief Wray was receptive and said he wanted to meet with GPOA representatives on a regular basis. He stated that he wanted to address the manpower and pay issues. He also said he wanted to take a look at a variety of schedule models. He did say he had not committed to going away from the 4/4 schedule. Scott Kelly and I again met with Chief Wray on August 21st. He discussed with us his plan for the Department, much as he has with many of you during lineups.
The Greensboro Police Officer's Association now stands at 326 members. Keep up the good work.
If you have a home email address, send it to Gavin so he can put you on the GPOA email list. He can be reached at naquin@greensboropoa.org
In the near future, we are planning a rally/ meeting where we will all attend a City Council meeting. I know many of you rely on off duty work, but this rally/ meeting will go a long way in showing the Council that we want to be heard. The GPOA is planning this in advance to allow you to attend.
Get involved in the Greensboro Police Officer's Association. Attend a meeting on the first Thursday of the month at 1730hrs. And lastly, feel free to contact me with your complaints and compliments.