PBA Hails BCB Ruling
Cop Can Grieve Overtime Denial

By REUVEN BLAU

The city's Board of Collective Bargaining has ruled that a veteran Police Officer can grieve the NYPD's alleged decision to deny him overtime assignments because he chose to be paid for the extra work in cash as opposed to compensatory time.

Police Officer Michael Barulich argued that the department rescinded two scheduled overtime assignments and several other opportunities in retaliation for his being one of the top overtime earners, according to an agency report covering July to October 2005.

Lost Choice Spots

According to the NYPD's Office of Management and Budget, Officer Barulich earned more overtime than any of the 2,475 members assigned to Manhattan North. Most of that overtime was accumulated when he worked with the department's Barrier Unit and Ceremonial Unit. But after the report was issued, he was no longer assigned to those divisions, he contended.

The unanimous board decision noted that overtime assignments are a managerial prerogative. But the board also ruled that Officer Barulich's decision to be paid in cash for overtime work "constitutes an honest and reasonable invocation of a collectively-bargained right, and, therefore, falls under the auspice of protected union activity."

The Patrolmen's Benevolent Association hailed the decision. "I think it has broad implications for not only our members but for other unions in the city because it creates a lot more causes of action for employees who are retaliated against for asserting rights," said PBA attorney Michael Murray.

The ruling was notable, as the PBA has for more than a year called for the disbandment of the BCB, charging that the independent board is biased against cops.

'A Long Time Coming'

Mr. Murray noted that the BCB's state counterpart, the Public Employment Relations Board, ruled to grant the right of favored union activity to individuals approximately 20 years ago. "OCB is really a Johnny-come-lately to the principle," he asserted. "We thought it was a long time coming."

Officer Barulich's complaint noted that he was the only cop frequently assigned to the two special units to have his tours suddenly cancelled. His grievance also pointed out that on Nov. 28 and 29 he was scheduled to receive Chemical or Biological Response Action (COBRA) training. But that instruction was cancelled due to his high accumulation of overtime, he contended.

The program, which is a Federally-mandated course that provides anti-terrorism training to cops, is conducted exclusively on overtime. According to Mr. Barulich, he was the only officer in the 19th Precinct who had his training rescheduled or cancelled.

The NYPD maintained that approximately 40 percent of the officers assigned to Manhattan North had not received their COBRA training yet.

The PBA complaint noted that Officer Barulich retired on Dec. 27, 2005 and never received that instruction. "Denial of this training for an officer in a command containing several potential terrorist targets because of the form of overtime compensation he elects contravenes the agreement and is irresponsible and dangerous as a matter of public policy," the PBA asserted.