What is the name of your state? Ohio
Does an article in a collective bargaining agreement fully supersede an HR Policy in the below scenario? My employer stopped paying holiday pay for those using benefit time in place of scheduled shifts on or around a holiday. (Holiday pay = 6 extra hours of pay; Benefit time = Vacation, comp, personal day, etc)
The City decided to stop paying holiday pay for people using benefit time and not working. Which is counter to HR policy. They claim since its not spelled out specifically in the contract, therefore they can do this, claiming the contract is final, not HR policy.
The only difference between the two is HR policy has this verbiage, " unless on an approved vacation or personal day, FMLA leave, compensatory day off..." Which is not in the CBA.
Do we lose this because it's not fully in our CBA language? Or do the two go hand in hand? This is a practice that has been in play for decades and they just changed it without notification. When does common sense come in to play?
Thanks.
EXACT VERBIAGE BELOW:
CBA Article 18 - Holidays
To be entitled to holiday pay, an employee must be on the active payroll (i.e. actually receives pay) on the last regular work day before and the first regular work day after the holiday. Employees scheduled to work on a holiday who utilize sick leave on the holiday, will not be entitled to holiday pay. If an employee is not scheduled to work on a holiday but utilizes sick leave on his/her last scheduled work day before or after the holiday, he/she will not be entitled to holiday pay. These restrictions do not apply to approved FMLA leave.
City Policy, Holidays A-8, I.(B)
To be entitled to holiday pay, an employee must work his or her last scheduled work day before and first scheduled work day after the holiday unless on an approved vacation or personal day, FMLA leave, compensatory day off, funeral leave, paid administrative leave, military leave or on a full or partial sick day where the employee has presented a certificate from a licensed physician (or medical provider) immediately upon return to work.
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Does an article in a collective bargaining agreement fully supersede an HR Policy in the below scenario? My employer stopped paying holiday pay for those using benefit time in place of scheduled shifts on or around a holiday. (Holiday pay = 6 extra hours of pay; Benefit time = Vacation, comp, personal day, etc)
The City decided to stop paying holiday pay for people using benefit time and not working. Which is counter to HR policy. They claim since its not spelled out specifically in the contract, therefore they can do this, claiming the contract is final, not HR policy.
The only difference between the two is HR policy has this verbiage, " unless on an approved vacation or personal day, FMLA leave, compensatory day off..." Which is not in the CBA.
Do we lose this because it's not fully in our CBA language? Or do the two go hand in hand? This is a practice that has been in play for decades and they just changed it without notification. When does common sense come in to play?
Thanks.
EXACT VERBIAGE BELOW:
CBA Article 18 - Holidays
To be entitled to holiday pay, an employee must be on the active payroll (i.e. actually receives pay) on the last regular work day before and the first regular work day after the holiday. Employees scheduled to work on a holiday who utilize sick leave on the holiday, will not be entitled to holiday pay. If an employee is not scheduled to work on a holiday but utilizes sick leave on his/her last scheduled work day before or after the holiday, he/she will not be entitled to holiday pay. These restrictions do not apply to approved FMLA leave.
City Policy, Holidays A-8, I.(B)
To be entitled to holiday pay, an employee must work his or her last scheduled work day before and first scheduled work day after the holiday unless on an approved vacation or personal day, FMLA leave, compensatory day off, funeral leave, paid administrative leave, military leave or on a full or partial sick day where the employee has presented a certificate from a licensed physician (or medical provider) immediately upon return to work.
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