2002_1202_packet - Laserfiche WebLink

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under 33 years of age" is eligible to join the Relief Association, (See Hastings Relief Association By-la�vs, Article I, Section I). Members of the Relief Association are required to be a member of the Hastings Fire Department and live in the Hastings vicinity. (See Hastings Relief Association By-la�vs, Article I, Section 3). The By-laws in effect between 1990 and 1997, the time period relevant to this case, did not othenvise define "active member" of the Relief Association for purposes of distinguishing between a firefighter's volunteer activities and those related to the firefighter's fonnal employment ��•jth the Hastings Fire Department. � As full-time members of the Hastings Fire Department, Plaintiffs were required to work 53 regular hours and three mandatory overtime hours per week. In addition, full-time firefighters may volunteer to be called back to perforn� unscheduled overtime work. The Hastings Fire Department considered such unscheduled overtime work to be "volunteer" work. In accordance tvith federal law, the firefighters receive overtime pay at the rate 'of one and one-half times their regular salary. The Hastings Relief Association requires the 36 volunteer firefighters on the Hastings _- Fire Department to be available 365 days a year. They are only excused from serving if they notify the Fire Deparirnent of their unavailability and formally "check out" of service. The average volunteer checks out of service less than 20 days per year. No volunteer has ever taken himself or herself out of duty for more than 30 days in any given year. ln December of 1997, the By-laws were foi7t�ally amended to specifically provide that a firefighter who performs nonscheduled, non-mandatory activities is working as a volunteer. These amendments are not relevant to the issues before the Court in this case. =l