can they do this

[albrecht]

What is the name of your state?Minnesota
We are in the middle of negoations and are company feels that they can switch are work times to flex. It states in are contract that 6:00am Monday and 11:59 pm friday shall be guaranteed 40 hours .They want us to work saturday and sundays at regular time .So on like monday tueday would be are weekend or days off .
Can they do this or is there a way we could stop this .They have also threaten that if we don't go with flex times that they would redo everyone job description. Can they do this????????????????????????
Thanks Jean

 

[John/nyc]

What is the name of your state?Minnesota
We are in the middle of negoations and are company feels that they can switch are work times to flex.

Do you have a contract in place now? Did the old contract already expire?
If so, has there been a negotiated extension?

It states in are contract that 6:00am Monday and 11:59 pm friday shall be guaranteed 40 hours

More detail about this; I am confused.

They want us to work saturday and sundays at regular time .So on like monday tueday would be are weekend or days off

Does the contract have language about flex time?

They have also threaten that if we don't go with flex times that they would redo everyone job description.

IF, and only IF, you have a current contract with language concerning flex time can they do this (and then they must follow the contract language).



What Union are you talking about? Not the local number, just the union name.

 

[Beth3]

Jean, if you are asking as a matter of employment law, yes, they can do this. There is nothing whatsoever in the law that says the standard work week must be Monday through Friday. (Just walk into any mall, retail store, or restaurant on a Saturday or Sunday and see how many people are working.)

If you are asking as a matter of the CBA, then you need to discuss this with your union leadership. This is a bargaining issue.

They want us to work saturday and sundays at regular time .So on like monday tueday would be are weekend or days off . FYI - John, they want to restructure the standard workweek so it's Wednesday through Sunday. Monday and Tuesday would be non-work days. These kinds of work schedules aren't uncommon.

 

[John/nyc]

They want us to work saturday and sundays at regular time .So on like monday tueday would be are weekend or days off . FYI - John, they want to restructure the standard workweek so it's Wednesday through Sunday. Monday and Tuesday would be non-work days. These kinds of work schedules aren't uncommon.

Beth,

Understood. This practice is widespread. Usually there is contract language which covers this.

Also I may have formatted my reply incorrectly: the replies go with the quote box above them.

John

 

[Beth3]

Ooops. Yes, I see. I thought you were confused about the work schedule that was being proposed.

 

[albrecht]

This is what are contract states in which has expired July 1st of 2003!
I work for a school district so they personally I feel should not be open for a Saturday or Sunday .A work shift shall consist of 8 hours consecutive hours which shall not include a 1/2 hour lunchbreak. The normal work week shall consist of 40 hrs. per wk.and all employees shall be guaraaanteed 40 hrs. per wk. between the hrs. of 6am Monday-and 11:59 pm Friday except for persons specifically hired to work fewer than 40 hrs. per wk.who shall be guaranteed the number of hours they were hired to work between these same hrs. and except for one or more "swing persons " whose job description clearly provides for different working hours Time and one-half shall be paid for all hours worked on Saturday and for times worked in excess of 8 hrs. in a day Double time at the regular rate of pay shall be paid for hrs. worked on Sundays or holidays hereinafter defined,except for swing persons whose holiday and weekends shall be as scheduled by supervisor !!!!
They have stated they will chang all job descriptions in which would be like a total of 30 people and 2 people that are listed as swing and 2 that do't have a job description .What do ya think?????? Thank you for e-mailing back!!!!!!!

Do you have a contract in place now? Did the old contract already expire?
If so, has there been a negotiated extension?



More detail about this; I am confused.



Does the contract have language about flex time?



IF, and only IF, you have a current contract with language concerning flex time can they do this (and then they must follow the contract language).



What Union are you talking about? Not the local number, just the union name.

 

[John/nyc]

Did they negotiate an extension to the expired contract? Or are you totally without a contract?

 

[albrecht]

with out contract

Minnesota ,They will still follow are old contract until a new has been settled

 

[John/nyc]

Following the old contract while negotiations go on is common practice. It insures that the working conditions and compensation do not deteriorate.

If the old contract says nothing about Flex time then they'll probably be unable to impose it unilaterally.

A threat to rewrite all job desciptions (while negotiations are ongoing) is an unfair labor practice. You should let your union officers know the circumstances under which this possibility was comminicated to the employees.