Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
Currently, my agency has an augmentation roster in place where they pull non-custody staff and place them in a custody post to cover when a correctional officer calls in sick or has to go on a medical trip. It is supposed to save on overtime.
I am paid through the trust fund department. It is my understanding that trust fund money paid employees cannot be used to work a custody drop unless it is an emergency. In my department we have eight trust fund paid staff. According to our union, it does not matter that myself and another co-worker are paid with the monies that we are not working a trust fund post and therefore can be utilized for a custody post. I feel that, no matter how you look at it, if you put me in a custody post even though you consider my position to not be a trust fund post, then you are using trust fund monies to work a post that clearly states that trust fund monies will not be used in that manner.
Am I right?
A:
Your question is between your union and management and is determined by application of the collective bargaining agreement. If the union believes management is correctly paying you, there is little you can do about their decision.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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