Two more police grievances have been filed against Palmerton, the second and third ones this week, and fourth since the start of the new year.

Brian White, president of the Palmerton Police Benevolent Association to the Palmerton Borough Personnel Committee, said this is in connection with a violation of the Collective Bargaining Agreement, effective Jan. 1, 2024 to Dec. 31, 2026.

White said this grievance pertains to an incident involving officer Trevor Flexer, who was denied overtime pay contrary to the agreement.

White said on Jan. 21 when Flexer was scheduled to work an additional shift (10 a.m. to 8 p.m.) outside of his regularly scheduled shift.

On Jan. 26, Flexer had a previously approved vacation day off. The extra shift worked was outside any hours worked in excess of the regular 10-hour shift, 40-hour workweek, including attendance at required training sessions, participation in judicial, legislative, or administrative proceedings, and associated transportation times, must be compensated at a rate of one-and-a-half times the officer’s hourly rate.

“Despite these clear contractual terms, officer Flexer did not receive his lawfully earned overtime compensation for working 50 hours in a 40-hour work week,” White said. “It has come to our attention that the failure to pay the requisite overtime was due to a directive from the Personnel Committee, which erroneously interpreted “hours worked” in a manner inconsistent with both the letter and the spirit of the CBA as “hour worked” being specifically defined computing how you earn your overtime for job assignments.”

He said the contract defines overtime as work in excess of his regular 10-hour shift, or 40 hours per week.

“The language regarding overtime compensation in the current CBA remains unchanged from the previous contract. As such, officer Flexer’s time worked on Jan. 21, beyond his regularly scheduled hours should have been computed as overtime, irrespective of any time off taken during the same pay week.”

Another grievance

White filed a second grievance on behalf of the Palmerton Police Benevolent Association against the Palmerton Borough Personnel Committee

White said the incident occurred on Jan. 21 and Jan. 24 when Shawn Leadbetter used three hours of compensatory time in a 40-hour work week.

He said Leadbetter was scheduled to work an extra shift on Jan. 26 (5 p.m. to 3 a.m.) and was only paid seven hours of overtime and three hours of regular pay.

The contract says extra shifts worked was outside the regular 10-hour shift, 40-hour workweek, must be compensated at a rate of one-and-a-half times the officer’s hourly rate.

He said Leadbetter did not receive his overtime compensation for working 50 hours in a 40-hour work week.

White said the Palmerton Police Benevolent Association requests an immediate remedy to both situations, including:

• Full payment of the owed overtime amount to Flexer and Leadbetter, including any additional compensation due as a result of the delay in payment.

• A written acknowledgment of the mistake and assurance that future overtime calculations will adhere to the bargaining agreement to prevent similar occurrences.

“We expect the Palmerton Borough Personnel Committee to address (these grievances) promptly and to comply fully with the terms of the CBA,” White said.

White said on Jan. 9, White and Vice President Shawn Leadbetter met with borough Manager Autumn Canfield and were advised to set up a meeting with the personnel committee.

On Jan. 16, they met with the personnel committee but the committee deferred to Palmerton Borough Council at the next scheduled meeting.

On Jan. 25, they met with borough council in executive session. After a lengthy discussion, White said no settlement was reached.

Contacted Wednesday morning, Canfield declined to comment on either grievance.

Canfield also declined to comment on the prior two grievances because she said she considers them to be personnel issues.