Sending people home

[AZBrown]

When my small center of about 45 preloaders is overstaffed, they send people home.
It's not a great amount, and it's only a couple of us unloading trailers, as were are not qualified to load cars.
They used to do this in seniority order, but now they have decided to (and this is a quote) "spread the love around" so everybody gets an equal chance to skip a day if they wish.
It was voluntary when it was done by seniority, and it still is, but it's just the rub of being there for years, and not being able to use your seniority for the little things.
I'm relatively new to this giant contract, as my previous employer's was 45 pages.
Is there something in the contract that says they must offer dismissal in seniority order?, cause I can't find it. If someone could point me in the right direction, it would be greatly appreciated, as I'm lost here.

 

[ChickenLegs]

Article 4 section 3 and 5 of your supplement. They should be asking people by seniority if they want a voluntary layoff, if no one accepts they should force from the bottom.

That being said, they can still violate the article and send you home first. Make sure you demand your daily guarantee, if they don't let you stay, file, go home and get paid.


SECTION 3 - RECOGNITION OF SENIORITY

The Employer recognizes that the principles of seniority shall be given prime consideration in the every day operation of the business.


SECTION 5 - LAYOFF AND RECALL

Layoffs and recalls shall be in seniority order in accordance with each respective area or local Addendum or Rider.

 

[cachsux]

Tell the sup when you get there that if the opportunity arises to get the night off you as a senior employee would like to go.

 

[AZBrown]

Yeah, they're trying not to lay anybody off, cause most of the time everybody is needed.
People getting sent home only happens twice a week on average

 

[BrownChoice]

And im sure its the same people who bitch about union dues take an unpaid day off whenever they can....

 

[fres431]

Just make sure those that go home have 60hrs per month to keep their insurance active..but it is seniority based


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[PiedmontSteward]

When my small center of about 45 preloaders is overstaffed, they send people home.
It's not a great amount, and it's only a couple of us unloading trailers, as were are not qualified to load cars.
They used to do this in seniority order, but now they have decided to (and this is a quote) "spread the love around" so everybody gets an equal chance to skip a day if they wish.
It was voluntary when it was done by seniority, and it still is, but it's just the rub of being there for years, and not being able to use your seniority for the little things.
I'm relatively new to this giant contract, as my previous employer's was 45 pages.
Is there something in the contract that says they must offer dismissal in seniority order?, cause I can't find it. If someone could point me in the right direction, it would be greatly appreciated, as I'm lost here.

If there's a practice of allowing voluntary time off in seniority order, then that should continue. My supplement specifies this and we have an established past practice of doing so. It's unfortunate that we have a handful of 18-20+ year PT'ers that would rather go home instead of make $22+/hr (or even acquire enough hours for pension credit), but that's their contractual right.

If an employee has already reported and has seniority, the company cannot send him home without his guarantee.

 

[Jackburton]

Ask from the top, force from the bottom.

 

[ChickenLegs]

If there's a practice of allowing voluntary time off in seniority order, then that should continue.

Past practice does not supersede contract language unless specified in the language. The language is clear.

 

[Nimnim]

Unless otherwise specified in your supplement, I'm almost 100% sure it's not in the master, once you report to work they cannot force you to go home without paying you your guarantee 3.5 hours.

If they're asking and not forcing people below you in seniority if they want to go home before you then you could make a stink about that if for whatever reason you wanted the day off first.

 

[PiedmontSteward]

Past practice does not supersede contract language unless specified in the language. The language is clear.

Actually, it can. Arbitrators can enforce a past practice that might go against contract language if it's established and meets the criteria for such. The longer a past practice has been ongoing (ie. over several contracts) is a factor along with the mutual knowledge of the practice by the union and management.

But that's a moot point because I didn't see any language posted above that states senior employees don't get voluntary days off ahead of the junior guys.

 

[ChickenLegs]

The longer a past practice has been ongoing (ie. over several contracts) is a factor along with the mutual knowledge of the practice by the union and management.

A past practice that was not amended into a local agreement for multiple contracts? What kind of joke is your local?

 

[ChickenLegs]

Or are you talking about the past practice of giving shop stewards the new tractors, less stops, less pieces, priority in the shop. Yes... That's why they aren't amended.

 

[PiedmontSteward]

A past practice that was not amended into a local agreement for multiple contracts? What kind of joke is your local?

Probably not as much of a joke as a guy on BrownCafe acting like he knows what the hell he's talking about.

 

[ChickenLegs]

Probably not as much of a joke as a guy on BrownCafe acting like he knows what the hell he's talking about.

Easy there, Junior Steward.