coworker trying to kick me out of tip pool

[cbergman]

What is the name of your state? NY

I work in a restaurant where the tips are pooled. Today a fellow server announced she no longer wants to share her tips with me or participate in the pool when I am working because she says she doesnt think I work hard and I dont offer good service. Because she works later on in the day (i have the very early shifts) she always makes more money than I do and so her friend, another server, says we should kick me out of the pool and not her. he wants everyone to vote this week to decide what should happen - she wont participate in the pool with me, so one of us must leave and he wants me to leave because i pull in less money and he wants to make more. I think this is unfair - if she has a problem with me, surely she should leave the pool and not try to kick me out? i called my union rep and she didnt call back, and im wondering what to do? is this fair? it seems ridiculous.

 

[cbg]

And what does your manager say? Does the restaurant management let this server and her friend make the rules?

 

[Beth3]

I agree it's ridiculous. So what does your manager say? This is a matter of company policy and does not appear to have anything to do with your union per se.

It's not up to an individual employee to decide that a "vote" should be taken to determine another's co-worker's compensation. Frankly, your two co-workers sound like they want to be the tail wagging the dog. I hope restaurant management or the owner doesn't let them get away with it.

 

[cbergman]

hands off approach

my manager said theres not much they can do because the tip pool is managed by the employees under the union contract... im trying to find out whether they can do this - presumably you cant just vote to force someone to work on their own? it would definitely affect service a lot.

 

[Beth3]

Wow. Talk about being on the same page!

 

[Beth3]

cberg, if management has given up their rights to decide policy on this and turned it over to the particulars of your CBA, then they're out of the picture.

As to what, if anything, your union will do on your behalf, nobody here can predict that. In all honesty, your union rep(s) are probably going to make this decision on what will be more popular and thus more likely to get them re-elected when that time rolls around.

At this point, we can only refer you to your CBA.

 

[cbergman]

what to do?

im really worried because she has more seniority than me so she has the later shifts and always makes more because of it. thats why pooling tips was never an issue - you accept that if you want the later shifts, you have to carry the weight of those poor people who come in at 630/7 in the morning when noones up to open the restaurant/setup etc.
but today when i told them what was happening, the managers said theyve no control over the pool - its managed by the servers... but this is crazy. the girl is a bully and if she doesnt want to share, she should remove herself from the pool - do they have the power to take away my right to the pool? who should i contact? what should i do?

 

[cbg]

If the management has divorced themselves from the pool and left this for the employees to manage among themselves, then it would appear that that they do have that power - unless the CBA specifically prevents it. I can't tell you anything more than we already have done; you need to be in touch with the union. We haven't read the CBA - we can't tell you what rights it gives you.

 

[Beth3]

cberg, this is not a legal issue. Normally this would be a management/company policy issue but since your management bargained away their rights to set policy on this, your only recourse is to discuss this with your union rep, see what they advise, and what side they're going to come down on.

As I said above, much may depend on what your union rep perceives the "popular" side of the issue will be.

 

[John/nyc]

cbergman,

What does your contract say about this issue? What is the exact wording used?

John

 

[cbergman]

where is the union when you need them

i called both of my reps and they seem to think this cant happen.... they are saying that an employee can get rid of himself from the pool but they cant band together and vote someone off.... i called the union itself to see if our rep could come by but she never called back. i cant believe this girl is being allowed to get away with this.

 

[cbg]

Well, she hasn't gotten away with it yet, has she? Look, this whole thing only came up yesterday. You can't expect the union reps to drop everything over this. I understand that it's of major importance to you, and I don't blame you for that, but in the overall scheme of what the union reps are no doubt dealing with on a day to day basis, this is pretty small potatoes.

Give them a chance. The fact that they failed to return your call by close of business on the first day, does NOT mean they're going to let this happen. They've already told you she can't do this; the fact that they did not commit to coming out and personally telling her so on the SAME DAY she made the comment does not mean they're going to abandon you.

 

[cbergman]

thanks so much for the input... i guess i was being a bit hasty.

apparently the girl in question started calling coworkers yesterday to try to get them to oust me from the pool.. she said i was stealing and that she has seen me altering checks (something she ironically is guilty of) and all sorts of other crap which is not true.

she called work today to inform managers she will be working independently tomorrow and at that point i called the union and said please, please call me and tell me if this is ok or not.

they called me and said their lawyer is talking to the restaurant's lawyer and that no changes are to be made under any circumstances until they have decided what right, if any, these two have to mess with the pool. i guess theyll be informed tomorrow that they cant just change the pool, and the other delegate seems to think that such a huge change would almost certainly involve everyone, as in all employees,voting on the pool, and not just AM staff or AM servers or whatever.

I guess i was frantic because I feel i am being bullied and slandered etc because this girl clearly has a personal gripe with me. all the stuff she is saying is untrue and people would have to take her word for it, so i feel better knowing that the union knows and wont allow this to happen right away.

how awful people can be.
thanks for input.

 

[cbergman]

followup

So Yesterday the union came in and lawyers etc to figure out what could be done about the tip pool situation. the servers agreed that we should dissolve the tip pool, but then pooled behind my back with the girl who has tried to oust me from the pool because she has the money making shifts and tables.
i cant believe this.

anyone think i have a case for workplace violence/psychological violence?

 

[cbg]

Workplace violence? Are you joking? You can't seriously equate losing tips with someone coming in with a shotgun and shooting. THAT's workplace violence.

No, you do not have a case for workplace violence and there is no such thing as psychological violence.