Bring overtime pay into compliance | Letter
November 20, 2012 · 5:48 PM
Editor's note: this letter was sent to the Kitsap County Commissioners and the writer requested it also be published as a Letter to the Editor.
This is a follow-up of my June 2012 email concerning corrections officers arbitration and this letter is specific to “overtime” which is only one of the arbitration issues as I understand them to be at this time.
Please be advised that I request this email be made part of the arbitrators case as a taxpayer public objection to the proposed decision as it applies to overtime salary payment.
Whereas, the county commissioners, all county department heads constitute, form and meet the definition of “county government” and; Whereas, all counties within the state of Washington constitute, form and meet the definition of “State Government” and;
Whereas, the state of Washington and the other 49 states constitute, form and meet the definition of “United States Government” and;
Whereas, the state of Washington ignores and does not recognize Title 5 USC requiring the payment of overtime at a rate of time and a half per hour to any person that works and has accrued over eight hours work in a day and;
Whereas, the state of Washington requires that any person that works has to have accrued 40 hours of work in any given week before the payment of overtime starts being paid at a rate of time and a half per hour and;
Whereas, the government has established that they set hourly wages, hours of work, salaries, medical benefits, annual leave rates, sick leave hours earned, holidays, etc by law and none of these issues are negotiable at any time by employees or labor unions and;
Whereas, government does not authorize any government agency, state or local, such as Washington State Patrol, Washington State Ferry workers, Department of Education employees, OSPI employees, Department of Corrections guards, teacher unions etc, to name a few to change, ignore or violate federal law by the negotiation of non-negotiable items just referenced above.
Whereas, it has also been established that as soon as this arbitration is resolved all financial issues will be paid retroactively back many years and the parties will immediately enter into new contract negotiations for a new contract which will again force the negotiations of the same illegal financial issues forcing another unsustainable tax liability onto the taxpayers.
Therefore, why is the county negotiating and establishing overtime payment programs that are contrary to federal law and Washington state law as established by negotiating the payment of overtime at two times the salary per hour and three times the salary per hour when every other working person in the private sector is restricted to overtime payment of time and a half per hour? By the actions of the negotiators in this case the county is discriminating against all private sector employees, establishing a public sector taxpayer tax liability that is unsustainable, providing/authorizing illegal financial funding that correctly is for the lawmakers to control and stop from taking place.
Additionally, the union is demanding that the county commissioners not only defy federal law but they are asking the arbitrator to rule against the established Washington State law that governs the payment of overtime in this state. Clearly both federal law and established state law are being re-written here in this case.
It appears that the arbitrator’s decision and the county commissioner’s decision need to bring the overtime salaries into compliance with established state and federal overtime payment requirements.
Larry L. Mann