Senority question?

DoctorMario

Well-Known Member
We were over staffed at work and the supervisor asked who wants to go home. Me and another person volunteered, but only one was allowed to go home. The other employee said he had personal stuff to do and since he asked first he gets to go home. I said I have more seniority so I get to go home. The supervisor sent him home instead of me. Was I correct and if so can I file a grievance?
 

Sudz

Well-Known Member
We were over staffed at work and the supervisor asked who wants to go home. Me and another person volunteered, but only one was allowed to go home. The other employee said he had personal stuff to do and since he asked first he gets to go home. I said I have more seniority so I get to go home. The supervisor sent him home instead of me. Was I correct and if so can I file a grievance?

Depends on which supplement you fall under and other local practices. I'm in the central and I've been told by many different stewards that I can't use my seniority to get off the clock sooner. They have each told me the same thing, "seniority gives you the right to work, not the right not to work." One went so far as to tell me that I could grieve it, but the Business Agent would have thrown the grievance away the moment he saw it.

On that note, calling your Business Agent is your best bet. Unless you find someone in the same local as you, you probably won't get a reliable answer here.
 

burrheadd

KING Of GIFS
We were over staffed at work and the supervisor asked who wants to go home. Me and another person volunteered, but only one was allowed to go home. The other employee said he had personal stuff to do and since he asked first he gets to go home. I said I have more seniority so I get to go home. The supervisor sent him home instead of me. Was I correct and if so can I file a grievance?

you sound like a 3rd grader
Should have told him you were gonna hold
your breath until you pass out

SMH
 

DoctorMario

Well-Known Member
How am I acting like a 3rd grader when I'm asking a question on what the determining factor is on who goes home first? If it's not seniority then what is it ?
 

NAHimGOOD

Nothing to see here.... Move along.
Well the other guy went home.

Instead of telling your supe you had seniority, you held it in allllllllllllll day.

Then came to the webz to cry about it...

 
You can grieve it but you won't get very far. There's nothing in the contract that says seniority allows you a RO over someone else. Seniority gives you the right to work, not the right to not work.
 

DoctorMario

Well-Known Member
Well the other guy went home.

Instead of telling your supe you had seniority, you held it in allllllllllllll day.

Then came to the webz to cry about it...

I actually did tell my supervisor i had more seniority and he still let him go home. I talked to a union Stewart and he said I was supposed to go home first.
 

ski or die

Ski or Die
One went so far as to tell me that I could grieve it, but the Business Agent would have thrown the grievance away the moment he saw it.
I don't think the BA would toss grievance. It would be a violation of NLRB. I don't think he would want to mess with them. Also, you could bring charges against him with the union for not processing your grievance. But that does not guarantee he will fight for you. Our BA when I was a steward was not on exactly very helpful.
 

Mugarolla

Light 'em up!
I don't think the BA would toss grievance. It would be a violation of NLRB.

Incorrect.

Also, you could bring charges against him with the union for not processing your grievance.

Also incorrect, as long as they didn't act in arbitrary or discriminatory ways, or in bad faith.

Once you file a grievance, it becomes the property of the Union. They don't have to hear your grievance if they feel that they cannot, or will not, win it.



I feel like my union has treated me unfairly. What are my rights?

A union owes a duty of fair representation to all of the workers it represents. This duty requires that the union act fairly, impartially, and without ill will or discrimination when pursuing a worker’s grievance or when negotiating a new contract with the employer. The union is required to take reasonable steps to investigate a grievance and must represent members in more than a dismissive manner. It is illegal for a union to treat you in ways that are:

  • arbitrary (e.g., a union refuses to pursue your grievance without reason);
  • discriminatory (e.g., a union refuses to pursue the grievances of all of its non-white workers);
  • or in bad faith (e.g., a union official fails to respond to your complaint just because he/she doesn’t like you).
If you feel that the union has treated you in one of these three ways and has breached its duty of fair representation, you may bring legal action against it.

However, the duty of fair representation does not require the union to pursue all grievances until the final possible stage of the grievance procedure or to take all the steps that the member might want it to. The duty of fair representation does not even require that the union do a particularly good job at representing grievances. Unions are only prohibited from acting in arbitrary or discriminatory ways, or in bad faith.




What should I do if my union refuses to file a grievance for me?

Sometimes a union shop steward or other representative may refuse to file a grievance. If this happens, you can ask a union officer or someone else who holds a position of power in the union to file a grievance for you.

Unions do not have to represent all employees in all grievances. But the union should agree at least to investigate your complaint and, depending on how strong the union representative feels your case is, decide whether to file a grievance and how far it will go in representing you in the grievance procedure. If you have been fired and the union has not yet decided whether to file a grievance, you should consider putting your grievance request in writing, especially before the grievance deadline expires.

 
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