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Is a person's scheduled day off counted towards the 3 day occurence policy?
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<blockquote data-quote="zubenelgenubi" data-source="post: 4245927" data-attributes="member: 63706"><p>So far what I am finding is that any issue that affects working conditions, or puts a burden on an employee, falls under mandatory subjects for collective bargaining. Mandatory, however, does not mean that an issue must be addressed in bargaining, simply that if either party wants to address it, it must be negotiated. </p><p></p><p>Anything that would be considered a mandatory subject that is not brought up during negotiations would be subject to past practices as far as company policy is concerned. As such, much of company policy can be considered to be part of the CBA, and if the company wants to make changes to mandatory subject issues, they would have to bargain with the union over them.</p><p></p><p>CBAs can contain a Management Rights clause that would allow management to make unilateral changes to working conditions. The clause must contain very explicit waivers of the right of the union to bargain for specific subjects. As far as I can tell, our contract does not contain any such clause.</p><p></p><p>In summary, anywhere an issue affecting working conditions is not addressed by the contract, company policy effectively becomes part of the agreement through past practices. The company is unable to make changes to these policies without first bargaining with the union. That being the case, I believe employees have a right to have access to copies of company policies pertaining to working conditions, and the union has the responsibility to keep the company in check regarding changes to those policies.</p></blockquote><p></p>
[QUOTE="zubenelgenubi, post: 4245927, member: 63706"] So far what I am finding is that any issue that affects working conditions, or puts a burden on an employee, falls under mandatory subjects for collective bargaining. Mandatory, however, does not mean that an issue must be addressed in bargaining, simply that if either party wants to address it, it must be negotiated. Anything that would be considered a mandatory subject that is not brought up during negotiations would be subject to past practices as far as company policy is concerned. As such, much of company policy can be considered to be part of the CBA, and if the company wants to make changes to mandatory subject issues, they would have to bargain with the union over them. CBAs can contain a Management Rights clause that would allow management to make unilateral changes to working conditions. The clause must contain very explicit waivers of the right of the union to bargain for specific subjects. As far as I can tell, our contract does not contain any such clause. In summary, anywhere an issue affecting working conditions is not addressed by the contract, company policy effectively becomes part of the agreement through past practices. The company is unable to make changes to these policies without first bargaining with the union. That being the case, I believe employees have a right to have access to copies of company policies pertaining to working conditions, and the union has the responsibility to keep the company in check regarding changes to those policies. [/QUOTE]
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Is a person's scheduled day off counted towards the 3 day occurence policy?
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