Between a rock and a hard place
LindaS
1,510 Posts
Let me begin by stating we are a union facility.
In our CBA there is a section regardng medical restrictions and it states that if an EE is unable to carry on their duties as required due to medical restrictions there is a specific process we are to follow to determine work availability. It also states that at no time is another employee to be "bumped" either off their job or out of their department to provide work for a restricted employee.
We have an increasing number of employees with work restrictions (permanent) that, for the most part, do not prevent them from doing they day-to-day jobs but when we need them to go to a different area (specifically the finishing department) they are unable to do so due to their restrictions.
While some some of these restrictions have been in place for many, many years we are getting an increasing number of new ones but the wording was just placed into the contract with the last negotiations.
The issue comes in that the transfers of employees typically do not last an entire day and can range from 10 minutes on up so while they cannot do the transfer work we may need them later that day as work becomes available within their department and/or restrictons.
Since the contract clearly states that we cannot "bump" another employee due to work restrictions are we then required to send the EE home for the day?
Does anyone have any ideas?
In our CBA there is a section regardng medical restrictions and it states that if an EE is unable to carry on their duties as required due to medical restrictions there is a specific process we are to follow to determine work availability. It also states that at no time is another employee to be "bumped" either off their job or out of their department to provide work for a restricted employee.
We have an increasing number of employees with work restrictions (permanent) that, for the most part, do not prevent them from doing they day-to-day jobs but when we need them to go to a different area (specifically the finishing department) they are unable to do so due to their restrictions.
While some some of these restrictions have been in place for many, many years we are getting an increasing number of new ones but the wording was just placed into the contract with the last negotiations.
The issue comes in that the transfers of employees typically do not last an entire day and can range from 10 minutes on up so while they cannot do the transfer work we may need them later that day as work becomes available within their department and/or restrictons.
Since the contract clearly states that we cannot "bump" another employee due to work restrictions are we then required to send the EE home for the day?
Does anyone have any ideas?
Comments
I feel your "pain". We, too, are a union facility. If I were in your situation, the first thing I would ask is "What was the intent of the new language in the contract?" Was the intent to prevent restricted employees from permanently bumping an employee in another department? Or is the intent truly to stop someone from working for the short time periods that you are referring to?
If you were not involved in the negotiations, the next step would be to discuss with the company's representation at negotiations to determine that intent. It may also be necessary to have a follow up conversation with the union reps to clarify the situation and come to an understanding of what this language truly means and go forward from there. And, if necessary, I would also discuss with your labor attorney -- especially if they were involved in the negotiations.
Unfortunately, there have been several occasions where language has been changed or added to a contract -- with the specific intent of the language being left unclear and it creates a "gray" area for interpretation. Luckily, notes taken during the negotiation session clarifies the intent. I will attach a copy of those notes to my copy of the contract to make sure that I have documentation.
In our unions "bumping" has only occurred when A) there is a layoff situation, and
The other question I have -- what is causing these increased number of restrictions? Are these work-related or coincidental?
I hope this helps.
Pattie