# Civil Service/Suspension ?



## JackC (Jan 31, 2016)

Anybody have any case law or arbitration in regards to serving suspension on days off and losing pay? My dept. like to have you serve your suspended days on your days off and then dock you the pay. So if you take a 2 day hit, you serve em on your 2 off days and they take 2 days of pay from you. Thanks.
Jack


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## Rogergoodwin (Feb 15, 2016)

JackC said:


> Anybody have any case law or arbitration in regards to serving suspension on days off and losing pay? My dept. like to have you serve your suspended days on your days off and then dock you the pay. So if you take a 2 day hit, you serve em on your 2 off days and they take 2 days of pay from you. Thanks.
> Jack


That seems like it is a violation of your contract, state law, or both. Requiring you to work for no pay must be illegal. I've read virtually every civil service discipline case on Mass.gov and I have never seen a case similar to that. It might be worth sending an email to the attorney generals fair labor division. They would be aware if that violated any state laws.


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## Rogergoodwin (Feb 15, 2016)

JackC said:


> HA! That is exactly what I said when they handed me the suspension. They offered my 1 day of pay back and the suspension expunged. I told them to fuck off, lets go to arbitration cause they will have 100 guys with 2 day suspensions looking for money back.


Would a win in your arbitration affect all the other cases retroactively?


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## JackC (Jan 31, 2016)

I am hoping so, cause they will be in for a big payout.


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## Rogergoodwin (Feb 15, 2016)

JackC said:


> I am hoping so, cause they will be in for a big payout.


That's worth looking into. Because if its not the case, you might as well just let them expunge your record. Then again, it all depends on where you are in your career. New guys looking to move up, lateral, or apply to a different department should take that deal and try to maintain a clean disciplinary record. If your happy where you are tho, fuck em.


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## Rogergoodwin (Feb 15, 2016)

JackC said:


> Anybody have any case law or arbitration in regards to serving suspension on days off and losing pay? My dept. like to have you serve your suspended days on your days off and then dock you the pay. So if you take a 2 day hit, you serve em on your 2 off days and they take 2 days of pay from you. Thanks.
> Jack


I actually just ran into a case like this. It's mentioned in civil service law under punishment duty. The difference between that and regular discipline is that you have to agree to take punishment duty, they can't make you do it. Although if you don't, youll probably get suspended.


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## j809 (Jul 5, 2002)

Lots of places do bad days off. This way they'll usually take it out of your file after a year 


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