Originally Posted on June 03, 2020
The 6th/7th workday provision is really quite simple.
On this coming Friday and Saturday, (June 5 and 6), it will be the “6th and 7th”consecutive workday for most of the members. Below are some scenarios and history on the matter. We hope it provides clarification and guidance; especially for members who fall under scenario #3.
Scenario #1: Work week beginning on Sunday and a member is RDO Sunday and Monday which are cancelled: the member submits a slip for time and one half for hours worked. The same member continuously works Tue, Wed, Thurs, Friday, then Friday becomes the “6th” workday and the member is entitled to time and one half compensation for Friday. The same applies to Saturday if the member works continuously without using compensatory time; compensatory time would break the cycle.
Scenario #2: Work week beginning on Sunday and member is RDO Monday and Tuesday; which are cancelled, the member submits a slip for time and one half for hours worked on their cancelled RDOs. The member continues to work Wed, Thurs, Fri and Saturday, then Friday becomes the “6th” workday and Friday becomes the 7th work day. The member is entitled to time and one half compensation for Friday and Saturday.
Scenario #3: Work week beginning on Sunday and is RDO Sunday; which is cancelled, the member submits a slip for time and one half for hours worked on Sunday. The member works Mon, Tue, Wed, Thurs and RDO Friday; which is cancelled. The member is only compensated at time and one half under 20.3 for Friday. The same applies if that RDO on Saturday is cancelled.
Note: With scenario #3, members may feel that they should receive dual compensation for RDO cancelled and 6th or 6th-7th workday. This matter was tried at Arbitration after a grievance was filed from the NATO summit under Section 20.3 of the contract which states that pyramiding overtime is prohibited. The contract can be found online at www.chicagofop.org
Furthermore, the following paragraph was taken from the 23 page NATO 6th 7th Workday arbitration decision:
“I find that as the language of Section 20.3 is plain, officers who work a sixth and seventh day
of a workweek are paid overtime. In addition, officers who work on their cancelled RDOs are also
entitled to overtime. The only situation in which an officer would not receive the benefit of
overtime for both cancelled RDOs and sixth and seventh consecutive days worked within a
workweek, is when the cancelled RDOs fall on the sixth or sixth and seventh days of the workweek.
In that situation, the officer would only be entitled to overtime for one day at time and one-half, for
each day in which the cancelled RDO overlaps with the sixth or sixth and seventh consecutive days
worked in the same workweek. When an RDO coincides with a sixth or seventh workday within a
workweek, paying overtime twice would be pyramiding, and therefore prohibited.”