In the case of Perkins Twp. v. Intl. Assn. of Firefighters, Local 1953, 6th Dist. Eire No.E-18-041, 2019-Ohio-3706, an Ohio appellate court held that a conciliator may choose a proposed final offer that provides more employee benefits than required by the Fair Labor and Standards Act (“FLSA”)
In this case, a township and its fire department union reached impasse during collective bargaining agreement negotiations and submitted their final offers to a conciliator. The conciliator chose the fire department union’s option which included overtime eligibility provisions that exceeded the minimum standards of “hours actually worked” as set by FLSA. The township sought to vacate the conciliator’s decision arguing that the overtime eligibility provisions violated FLSA by exceeding these minimum standards.
The Ohio appellate court held that the conciliator was permitted to choose an option for overtime eligibility provisions that exceeded FLSA minimum standards as the parties themselves may agree to offer more than what is mandated by FLSA.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.