Personal Holiday Question

[Theichii]

I'm going to type out the paragraph of the contract this comes from so I can get all the help I can (from the Southern Region Supp.). So here goes:

Article 60 - Holiday

Section 1 - Holidays

(B) Personal Holidays: All seniority employees shall receive one personal holiday each calendar year. Personal Holidays shall be awarded by seniority in the order requested within each classification in each Center and the following procedure shall apply: Any employee desiring a personal holiday will make a request in writing on a form furnished by the employer. such a request must be submitted no later than the start of his/her shift on the seventh calendar day preceding the day requested. A signed copy of the request form stating approval or disapproval shall be returned to the employee by the end of the next working day. If an employee is required by the Employer to work on an approved Personal Holiday, the employee shall receive holiday pay plus time and one-half for all hours worked. In the event of layoff, full-time seniority employees shall be eligible for Holiday pay provided the Holiday falls within five working days from the effective date of layoff.

This is my first year of seniority so I had one option day I took back in March. However, my b-day is next Friday (the 9th of October), and I asked in January if I could have a form requesting a personal holiday. My center manager looked at me crazy and said our form is the calendar hanging in his office. So he put my name on the calendar (only name on that day) and signed below it. So if next Friday rolls around and I have to work, can I grieve the fact that I requested this day as a personal holiday and should get 8 hours of holiday pay plus overtime for that day. And if I can is it better to tell them that I do, in fact, intend to grieve it and explain the consequences of the grievance? I've had cases where I have clocked out after 9 hours and driven off of the property to the store on the corner to get a tasty beverage and before I could walk into the store been called on my cell phone asking me to come back and help another driver out, in which case I told them the consequences (4 hours of guaranteed overtime for being called back) and they backed off. Thank you in advance for any help.

 

[UpstateNYUPSer(Ret)]

From what I read in your post, you have to submit your request NLT 7 days in advance of the day that you want off and that days off are awarded in seniority order. To me this means that anyone with more seniority can submit their request through 10/2 and be given the day off instead of you so your day off is not yet guaranteed and your grievance would have no basis. Now, if no one submits a request for that day then you should be all set. If they then deny you the day you would have basis for your grievance. I wouldn't make any plans for your b'day just yet.

 

[cachsux]

Since your center manager put it on his calender,and unless he brings it up and says you have to work next Friday,then I would take next Friday off. Come Monday if something is said I would say Sorry there must have been a misunderstanding as I saw you put it on your calender and you didn`t tell me I had to work.

 

[happybob]

You may want to remind your center manager a day or two before. You already used your contractually guaranteed holiday. If he doesn't know you used it already, don't remind him. Should you be required to work, and noone with more seniority asks for that day I don't think you will win the grievance, since you are not getting a contract holiday, you are getting your manager to do you a favor, yes/no?

 

[LED]

In my center the center manager is who you talk to about a day off . If he approves it then the day off is set in stone. It does not matter who comes in after you and asks for a day off, he has already approved yours. Besides they have had plenty of notice to find someone to cover you. Go ahead and make plans.

 

[edd_tv]

since we are on the topic. we have our temp cover drivers out right now( part timers from preload etc). one has put in for a personal day on a friday a few weeks from now. they have said that he is the low man on the poll since he is cover driving right now but the steward told him that they have to go off the part timers list, so he is waiting to see what they say, either way he is not coming in( needs the day off for wedding rehearsal or something)

any thoughts or how does that work in your building?

 

[Theichii]

Well it wasn't a requested holiday it was, OMG I think i have swine flu i'm not coming in. Next Friday is actually the "holiday" I'm requesting. Plus I asked for this holiday waaaay before i got sick. And when the OMS called and asked if i wanted to get paid for today I told her i didn't see how and she said I had an option day. Didn't even realize i had one. I just thought the holiday was an unpaid day since you can request one a year. But if you do have to work, you get 8 hours plus overtime for all hours worked. I was posting for clarification. Contract is so wordy...except for supervisors working lol.

 

[Theichii]

since we are on the topic. we have our temp cover drivers out right now( part timers from preload etc). one has put in for a personal day on a friday a few weeks from now. they have said that he is the low man on the poll since he is cover driving right now but the steward told him that they have to go off the part timers list, so he is waiting to see what they say, either way he is not coming in( needs the day off for wedding rehearsal or something)

any thoughts or how does that work in your building?

to me this sound like he just needs off. In our supplement it makes this "personal Holiday" sound like something special. But if he needs off *cough* *cough* sick

 

[Billy]

can I grieve the fact that I requested this day as a personal holiday and should get 8 hours of holiday pay plus overtime for that day.

No
Holiday payed days are clearly labeled in the contract. Personal days are given in seniority order. The amount depends on how many people your center has. You most likely will get the day off, but if not you can ask which drivers were given that day off that put in the written request in advance. If any of them have less seniority than you then you can file a grievance. There will be no monetary value of said grievance, but enough of those show up and the center manager will have to start allowing them properly. So by all means file it. Just don't try to get silly with it. You have these rules in place to help you, but they're not some magical enablers that mean you can do what you like. This may not be what you want to hear, but it is, simply, the way it is...sorry