There has been a resolution of a grievance regarding premium pay for custodial staff during the snow day on January 16, 2024. As a result of this grievance, 158 employees received an average of $110 each in back pay on their August paychecks for work performed on that day. Some of the staff had already been paid before the grievance; however, these adjustments ensure that everyone receives the appropriate shift differential.
Background:
On January 16, 2024, the District closed due to severe snow conditions. Despite this, Facilities Maintenance (FM) staff were called in for snow removal. Confusion arose about whether staff would receive premium pay, especially since some were told not to report until after 7 a.m., leading to concerns about the equitable application of this pay.
The Grievance:
JESPA filed a grievance under Article 6-3 of our Collective Bargaining Agreement (CBA), which mandates $16.50 premium pay per hour for custodial staff performing snow removal outside their regular work hours. The grievance argued that the District’s closure should have triggered this differential pay.
District’s Initial Response:
The District argued that premium pay (DIFF pay) only applied to work done outside of regular hours and that essential personnel, like custodial staff, were not automatically entitled to this pay on a snow day.
Amended Response and Resolution:
Following further discussions and a payroll review, the District acknowledged discrepancies in pay distribution. They agreed to provide premium pay to all custodial staff who worked on January 16, 2024. This includes Retroactive Premium Pay. Custodial staff will receive backpay for snow removal work on January 16, 2024 if they were not already reported and paid.
Consideration of Hazard Pay:
During the grievance discussions, both JESPA and the District recognized the need to discuss hazard pay in future negotiations, aiming to ensure fair compensation for working in particularly hazardous conditions. While premium pay is for working outside of your normal hours to do snow removal, there is recognition that hazard pay for when we are called in to work in dangerous weather or other conditions must be seriously discussed. We intend to push this to the negotiations table. We can only get our priorities in the room on if we are active in the negotiations process.
This resolution reaffirms our commitment to fair treatment and compensation for all members. We appreciate the District’s willingness to address these issues and we intend to continue this discussion at the bargaining table. If you have any questions, please reach out to a JCSSA representative or call the JESPA office.
If you’re not yet part of our collective voice, consider joining JCSSA and JESPA today!
