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Mgmt refuses to pay overtime incentive
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<blockquote data-quote="gandydancer" data-source="post: 446921" data-attributes="member: 9310"><p>Wrong. You try:</p><p> </p><p>"ARTICLE 6, <strong>Section 1. Extra Contract Agreements</strong> </p><p>Except as may be otherwise provided in this Agreement, the Employer agrees not to enter into, or attempt to enter into, any agreement or contract with its employees, either individually or collectively, or to require or attempt to require employees to sign any document, either individually or collectively, which in any way conflicts with the provisions of this Agreement. Any such Agreement or document shall be null and void. Any such agreement or document may not be placed in an employee?s file or used by the Employer as a basis for discipline or used in connection with any disciplinary proceeding, nor may any such agreement or document nor the contents thereof be divulged to any person or entity."</p><p> </p><p>"ARTICLE 17. PAID-FOR TIME</p><p> </p><p>All employees covered by this Agreement shall be paid for all time spent in service of the Employer. Rates of pay provided for by this Agreement shall be minimums..."</p><p> </p><p>Terminating an employee for not meeting production quotas conflicts with the agreement, which specifies acceptable grounds for termination.</p><p> </p><p>Paying an employee a bonus for exceeding production quotes does not conflict with the agreement, which explicitly states that rates of pay are minimums.</p><p> </p><p>If management promises bonuses, and its longstanding practice of paying such bonuses demonstrates that the promises are not the individual idiosyncratic unauthorized act of a manager, then anyone denied an earned bonus presumably has a cause of action against the company. And would otherwise have a cause of action against the individual making the promise, I would think. And would not necessarily be limited to the grievance procedure to collect.</p></blockquote><p></p>
[QUOTE="gandydancer, post: 446921, member: 9310"] Wrong. You try: "ARTICLE 6, [B]Section 1. Extra Contract Agreements[/B] Except as may be otherwise provided in this Agreement, the Employer agrees not to enter into, or attempt to enter into, any agreement or contract with its employees, either individually or collectively, or to require or attempt to require employees to sign any document, either individually or collectively, which in any way conflicts with the provisions of this Agreement. Any such Agreement or document shall be null and void. Any such agreement or document may not be placed in an employee?s file or used by the Employer as a basis for discipline or used in connection with any disciplinary proceeding, nor may any such agreement or document nor the contents thereof be divulged to any person or entity." "ARTICLE 17. PAID-FOR TIME All employees covered by this Agreement shall be paid for all time spent in service of the Employer. Rates of pay provided for by this Agreement shall be minimums..." Terminating an employee for not meeting production quotas conflicts with the agreement, which specifies acceptable grounds for termination. Paying an employee a bonus for exceeding production quotes does not conflict with the agreement, which explicitly states that rates of pay are minimums. If management promises bonuses, and its longstanding practice of paying such bonuses demonstrates that the promises are not the individual idiosyncratic unauthorized act of a manager, then anyone denied an earned bonus presumably has a cause of action against the company. And would otherwise have a cause of action against the individual making the promise, I would think. And would not necessarily be limited to the grievance procedure to collect. [/QUOTE]
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