Another unbelievable union decision

LindaS · January 2005

Last week, due to slow production, it was decided to allow EEs to volunteer to go home early. Because we did not receive any volunteers, we were forced to send people home, going from the bottom of the seniority list up. After sending the affected individuals home, it was discovered that an individual on 2nd shift was in early training (at our request) and his seniority was less than that of the people that were sent home.

On Tuesday we received a grievance on it and, although there were two different areas of the contract that applied to the situation, we decided to grant the most senior affected EE the opportunity to work OT to make up the difference in his lost wages (he would actually come out ahead).

Well yesterday we received the grievance back stating that this is unacceptable and, when questioned, the union pres. and VP informed me that the individual in question feels that working would benefit the co. and that he should not have to do that. He wants to be paid and not forced to work.

Maybe I'm wrong but I don't see why we should have to pay someone for time not worked?!?

Any thoughts?

System · January 2005

The union can ASK for anything. That doesn't necessarily mean they'll get it. Of course working benefits the company but it also benefits the employee - he gets paid. Isn't that the basic principle in EE - ER relationships? The flip side of that coin would be, when the EE messes up, he works for free? NOT!

Balloonman1 · January 2005

Tell them to stick it. You tried to be reasonable and make it right. Don't change your stance, if they talk about taking it to arbitration, point out you offered a remedy to correct the oversight. That offer still stands, but you consider this a closed issue.
My $0.02 worth,
DJ The Balloonman

CRS8383 · January 2005

It all depends upon the contract. I have seen contracts that have language of that nature, where an employee gets paid without working for any missed "opportunities" due to an error (regardless of intention) by the company. It stinks, no good deed goes unpunished, but you may have to depending upon the contract.

Hunter1 · January 2005

Linda: Two thoughts - Do you have a practice in regard to missed overtime, or this type of situation? Second - try to get language in your contract which specifically states that the only recourse in this type of situation is the next available OT. I have it in my contracts. I, too, hate to pay people when they don't work.

Don D · January 2005

I agree. Unless the contract language requires it, you would never pay an employee while he was not working. Next shot at overtime or offering to let him work overtime this week is a satisfactory remedy. It was a simple mistake and you offered a simple solution. Very reasonable.

LindaS · January 2005

Thanks to all the responses. In answer to the question of past practice, we do not grant payment without having the EE work the time, in fact the EE is required to work the time in the same manner as it was worked initially. For example, there was a situation about one year ago with an EE on 2nd shift, he worked the majority of his shift but due to some "hot" parts he agreed to go home for a couple of hours and then return to finish the parts. The EE came back to work at approx. 3:00am. The union argued that this was technically another shift, not a continuation of his existing shift, and therefore the most senior person in the dept. should have been granted the OT. While we did not agree we did offer the most senior EE in the dept. the ability to work the same amount of OT, the catch was that they would have to work it at the same time the original OT was worked (the supv. agreed to come in for it). Guess what, they turned down the offer.

We are not giving in to this and do not make a practice of EEs being paid for time not worked. The problem here is that the EE doesn't want to have to do actual "production" (he works in our toolroom) which is where the time was originally worked.

Don D · January 2005

I am faxing you my crying towel and violin. Please give one to the employee and the other to the steward.

LindaS · January 2005

Thanks Don!!!

Another unbelievable union decision

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