We have heard numerous stories from the membership about losing Regular Days Off (RDO) due to being stuck in the snow. Also whether those members would be entitled to get paid in addition to not losing their two days RDO, and whether this snowstorm can be considered as emergency work.
We will try to explain as per our contract section 2.17 - Emergency Work which does not specify whether it is the New York State Governor, New York City Mayor or simply the MTA head who can declare it. Also whether this snowstorm was raised to the level of emergency work or whether it was declared as such is unclear. However we here in why did you join the union believe that this snowstorm was not declared as emergency work.
It would be great if the management declared this snowstorm of December 26, 2010 as a Snow Work which requires snow pay premium payments. There is no question that there was snow on the ground.
If a member who is performing his assigned regular work is stuck in the snow and has completed his assigned work but is required to stay in the vehicle into his RDO then should they get paid as well as get two days RDO? That would be the best kind of scenario because then the answer to the above question would be yes. However it would be impractical because you should either choose the money or take your RDO whatever your preference.
The time stuck will be overtime paid at the rate of time and one half which will be considered as further continuation of your assigned work. The other question that the members posed was what if they got stuck for over one day. It is not clear if it will be considered as a complete second tour of duty however as we mentioned earlier it can be considered a continuation of your assigned duty.
These scenarios need to be included in the contract of 2012 so that whenever there is a snowstorm the snow pay premium payments are able to apply. Specifically only if the snow on the ground reaches six inches.