Police Seek Pay-Ruling Compliance : Union Asks Compensation Called For by Supreme Court

The union representing Los Angeles police officers has served notice that it expects the city to comply with a U.S. Supreme Court decision that could result in a major increase in the number of compensable hours that public employees work.

In a letter to the City Council, the Los Angeles Police Protective League said it now wants its members to be paid for time spent “on call” for court appearances, “adjusting grievances,” changing uniforms before and after work, and on lunch.

Although local officials are hoping for legislative relief from Congress, the city attorney’s office has advised Mayor Tom Bradley and the City Council to prepare to comply with the high court’s Feb. 19 decision.

Expansion of Law

The ruling gave state and local government employees protection under the federal Fair Labor Standards Act, an overtime and minimum wage law designed to protect workers in the private sector.

If the decision in the case--involving San Antonio, Tex., public transit workers--withstands congressional scrutiny, it could force state and local governments across the country to pay their workers for millions of additional compensable hours.

Los Angeles officials have organized a municipal fact-finding task force to discuss the possible ramifications of the Supreme Court’s decision.

Keith Comrie, the city’s chief administrative officer and a member of the task force, said that officials have not begun to add up what the costs will be if the city is required to comply with the letter of the court’s ruling.

Comrie said the city is waiting for the U.S. Department of Labor to issue a new set of regulations for public employees who will be affected.

Source of Confusion

“Right now, there’s a lot of confusion across the country,” Comrie said. “Thousands and thousands of local government agencies have formulated collective bargaining agreements. This could open them all up to renegotiation.”

Comrie said he expects the National League of Cities to lobby Congress for legislation clarifying the intent of the Fair Labor Standards Act once the Labor Department establishes the new regulations for public employees.

If public employees apply a literal interpretation to the Supreme Court decision, Comrie said the cost to the City of Los Angeles could run into the tens of millions of dollars.

The Police Protective League so far is the only public employees’ union asking the city to comply with the ruling, Comrie said.

Comrie added that he has held “informal” conversations with the United Firefighters of Los Angeles, the city firefighters’ union whose membership could benefit most from the dramatic increases in compensable hours--and lose out on work shift arrangements it currently enjoys in the process.

Arrangement of Shifts

Most firefighters in the city work more than 40 hours per week under an arrangement that provides for them to sleep at their stations and remain on duty for three consecutive days.

If the city is forced to comply with the Supreme Court ruling, firefighters could be forced to work straight eight-hour shifts and then go home, Comrie said.

Deputy City Atty. Fred Merkin said his office has given a report to the mayor and City Council that “advises the city government to put itself in a position to comply with the law.”

However, Merkin said the city attorney wants city officials to wait for Congress to act before beginning to comply with the decision.

David Baca Jr., vice president of the Police Protective League, said the union believes “it is the duty of the city to comply, and the upshot of the (San Antonio case) is that they have no choice but to comply.”

Rules for Compensation

In a March 14 letter to the City Council, the league listed seven areas in which it feels police officers should be compensated under the expanded application of the Fair Labor Standards Act.

The area that could be most costly to the city involves the time police officers spend on call after they have been subpoenaed to testify in court.

“If a person is in a situation where he has to respond and be in a constant state of readiness, he’s engaged in compensable hours,” Baca said.

The league official said police officers should be paid for their lunch time because they still must respond if a citizen requests assistance. Officers face disciplinary action if they fail to meet the citizen’s request, Baca said.

Along with the demand to be paid for time spent changing uniforms and adjusting grievances, officers are also seeking to be compensated for overtime hours spent on specialized assignments and for travel time on emergency calls.

The league is also seeking compensation for the time officers spend maintaining their own equipment.