Nearly two years to the day, a hard fought battle was won for payment of overtime to five Huntington Union Free School District clerical employees. All five clerical employees worked at the high school and had been approved for compensatory time by their principal, assistant principal. or director. The additional hours worked date back to 2008 and were tracked by the employees in personal notebooks or by computer records at their desks. In October of 2010, the District told all supervisors that compensatory time would not be approved and the practice must stop. They in turn notified their employees and new compensatory time accrual stopped.

The employer is allowed to authorize or not authorize overtime and/or compensatory time as long as they follow the contract and the Department of Labor Wage and Hour rules and regulations. The problem arose for these five employees when they were told that the time previously worked for compensatory time would not be honored in time or payment as it was not authorized by Central Administration. The union argued that the contract stated authorization by the immediate supervisor. Still the district denied time off or payment for the hours owed.

Regional Director/Vice President Kim Nowakowski argued with every level of management from the Director of Personnel, to the Business Office Assistant Superintendent, and finally to the Superintendent of Schools, but all arguents were to no avail. "I even spoke to the law firm representing the school district, speaking to a number of different lawyers trying to get those hours honored. It seemed as if no one wanted to hear about honoring a promise or even about labor law," commented Nowakowski.

A 20 plus page  letter was mailed to the Board of Education and Interim Superintendent by Nowakowski detailing and explaining in full the Department of Labor Wage and Hour rules with a full history of the issue involving these employees. "Most importantly, Kim sent a copy of the letter to the US Department of Labor Wage and Hour Division," remarked President Boyle. "In the letter she requested that the DOL consider it a willful violation whiich would hav increased the damages," Boyle sent on to say.

The Board of Education responded by requesting the calculation of hours owed. "The District contacted us to say they were willing to give the compensatory time, but the employees no longer wanted the time. They were so mad about this going on and on, that they wanted the money and by law, if compensatory time is denied, they are entitled to payment," explained Kim. The Board agreed to pay each their owed time with payments ranging from close to $500 to over $1,500, for a total of over $4,000. The letter to the Department of Labor was withdrawn. "I just wasn't going to give up on this. It was the principle of it and I think they eventualy realized that I would fight this to my grave , if necessary. The employees did right by their supervisors with proper authorizatuion and shouldn't have been put in this situation of management fighting amongst themselves," said Nowakowski.

This situation is a good reminder for all members to know their contract and the employer's policies regarding the granting of compensatory time or overtime payment. It is also important to have your compensatory time tracked centrally so that there is acknowledgement by payroll that the hours were worked and approved. "We tell members all the time about the importance of proper tracking of their time, not only to avoid instances like this but as well should the member pass away, their beneficiary is entitled to that payment. If it isn't centrally tracked, there is no way for the family to know that this money is owed to them," President Boyle said. Congratulations to these clerical workers and kudos to Kim for her tenacity and persistence!