Forced Overtime At Unionized Fire Department

Hey guys,

First time poster here, and I have a dilemma on the legality of what is happening at work. I suppose this is aimed at someone who knows union stuff.

I work for a small fire department in Michigan. We are unionized with the IAFF. This department, unlike many others, does not have a minimum staffing, meaning there are no written words in our contract stating how many firefighters we cannot drop below on shift.

We staff 4 people a day on shift. We work 24 hours on, 24 hours off, for 3 shifts, and then a 4 day break. When anyone takes off work, whether it be sick time or vacation time, it creates an opening on shift. Our local union president states because of our contract, this MUST be filled. That means if no one else wants the shift, the lowest member of the department (according to hire date seniority) on shift that day is “forced” to work the next overtime.

I will now attach the wording directly from our union contract -

SECTION 5: OVERTIME DISTRIBUTION: Whenever overtime is required, the senior most

employee has the first right of refusal or acceptance of hours. If the senior employee refuses, it

will then proceed down the seniority list of eligible employees. For the purpose of this clause, a

current roster will be posted in the radio room at Station 1, with all employees listed by date of

hire. If the senior employee refuses, and the rest of the employees on the list refuse, a 24-hour

shift will be reoffered to the eligible employees, in 12-hour increments only. If all employees

again refuse the time, then the on duty junior employee must work the hours. If a 12-hour shift is

accepted, then the on duty junior employee must work the remainder of the shift.

There is no cap on how many times you can be forced. This has happened to me personally an absurd amount of times when I was first hired last year. The department had multiple injuries, creating multiple overtime spots that had to be filled. During this period, I worked 10 days straight twice. I worked 5 days straight at least 5 times, maybe more.

So, now comes the interesting part. It also states in our contract the following -

SECTION 1: The work schedule for employees subject to this Agreement engaged in

firefighting and not exempt from the provisions of Act No. 125 shall be in accordance with the

provisions of Act No. 125 of the Public Acts of 1925, as amended (MCLA 123.841 et seq.)

including the twenty-four (24) hour workday, so long as the Act imposes statutorily mandatory

requirements on the Township.

What is Act 125? This is Michigan legislation. This is what it says:

FIRE DEPARTMENT HOURS OF LABOR Act 125 of 1925

AN ACT to regulate the hours of labor of employees in the fire departments of municipalities, and providing penalties for the violation thereof.

123.841 Fire department employees; period of duty; days off duty; work hours per week. Sec. 1. It shall be unlawful for any municipality, or any officer or employee thereof, in municipalities which maintain or may hereafter maintain an organized paid or part-paid fire department, to require any person in the employ of the fire department who is engaged in fire fighting or subject to the hazards thereof to be on duty in such employment more than 24 hours, or to be off duty less than 24 consecutive hours out of any 48-hour period. All persons in the employ of any organized paid or part-paid fire department who are engaged in fire fighting or subject to the hazards thereof shall be entitled to an additional 24 consecutive hours off duty in every 12-day period, beginning July 1, 1966, thereby requiring firemen to work not more than an average of 63 hours per week, and effective July 1, 1967, an additional 24 consecutive hours off duty in every 6-day period, thereby requiring firemen to work not more than an average of 56 hours per week.

“It shall be unlawful for any municipality.....to require any person in the employ of the fire department who is engaged in fire fighting or subject to the hazards thereof to be on duty in such employment more than 24 hours, or to be off duty less than 24 consecutive hours out of any 48-hour period.”

This right here is Michigan Law. Is the force policy here directly contradicting state law? I believe it is, but would like someone else’s opinion. Thank you to anyone who replies and gives their 2 cents. I will give as much information as you need to give a good answer. Thank you.