Reduced Hours (unfair business practice?)

[dan-palmer]

What is the name of your state (only U.S. law)? PA.

I'm a part-time hourly (Union) Janitor for a school district who has been working 40 hours a week for 15 years. Two weeks ago management decided to reduce my hours to 7 with no reason given to me directly. Prior to my granted 40 hours in 1999, my department along with I shared the same hours at 7. I was given the opp to work 8 hours while still (hourly) in 1999 and have been ever since, while the other workers stayed at 7. This current reduction affected only me and no one else in my department. I have already tried to grieve this but it was rejected as the language in my contract does not allow this matter to follow under any article. Is this an unfair labor practice and what if any, are other options to take?

 

[cbg]

If your union contract does not have any problems with this, the law doesn't either. Reducing your hours is not prohibited by law.

 

[dan-palmer]

If your union contract does not have any problems with this, the law doesn't either. Reducing your hours is not prohibited by law.

The problem is my contract does not have any language whatsoever to allow for this to be handled....sadly. In past practice two years ago, while in a budget crisis, my entire department, including myself, took a one hour reduction...those who have 7 hours went down to 6 and I went down to 7....those hours were eventually given back to us all. That is not the case this time as I was the only one affected. I understand the district can do what they please....but I feel there's an unfairness and not being told directly to me makes it even more shady.

 

[Ohiogal]

The problem is my contract does not have any language whatsoever to allow for this to be handled....sadly. In past practice two years ago, while in a budget crisis, my entire department, including myself, took a one hour reduction...those who have 7 hours went down to 6 and I went down to 7....those hours were eventually given back to us all. That is not the case this time as I was the only one affected. I understand the district can do what they please....but I feel there's an unfairness and not being told directly to me makes it even more shady.

You are considered part time. You are now working 35 hours instead of 40. What is unfair is NOT illegal.

 

[cbg]

ANY legal recourse you would have had would have been in your union contract. Since your contract does not address it, that's the end of it.

The law does not have any problems with your hours being reduced and does not require that anyone talk to you directly about it.

 

[dan-palmer]

You are considered part time. You are now working 35 hours instead of 40. What is unfair is NOT illegal.

The unfairness to me is why it affected only me and not the others while in the past we were ALL affected...and myself being 8 hours for 15 years. If I may add, I heard all sorts of reasons as to why, such as to make uniform hours, not laying off people in my department and (needing them) and taking my hour away instead. I thought about writing a letter of complaint....even talking to school board members etc.

 

[I'mTheFather]

The unfairness to me is why it affected only me and not the others while in the past we were ALL affected...and myself being 8 hours for 15 years. If I may add, I heard all sorts of reasons as to why, such as to make uniform hours, not laying off people in my department and (needing them) and taking my hour away instead. I thought about writing a letter of complaint....even talking to school board members etc.

How do you think that will help?

ETA: If you do this, what will you say when you're told that the reason for your reduced hours is to make it fair for all employees?

 

[dan-palmer]

How do you think that will help?

To get a better understanding and to hopefully come to a peaceful and positive solution....in fairness.

 

[cbg]

The law does not care whether it's unfair - the law only cares if it's legal.

Besides, fairness is subjective. Maybe the other employees thought it was unfair that you were given 8 hours when they were only given 7, and think it's fair now that you're working the same hours they are.

 

[dan-palmer]

How do you think that will help?

ETA: If you do this, what will you say when you're told that the reason for your reduced hours is to make it fair for all employees?

The reason for my doing this is because my 8 hours were board approved in 1999. Rather than to go backwards and taking away my one hour, give the rest 8 hours as hourly employees. But of course that is wishful thinking. I felt the need to take it further for my own peace of mind. I cant give up.

 

[I'mTheFather]

Unfortunately, I see you developing a target on your back if you pursue this.

 

[eerelations]

I felt the need to take it further for my own peace of mind. I cant give up.

There's no place for you to take it further, therefore you're going to have to give up. It is simply not illegal for employers to reduce some employees' hours and not others, and not illegal to not discuss it with the affected employees ahead of time.

 

[cbg]

No, what he can do is go complain to his manager and manager's boss and all the way up the line, making an absolute pest of himself complaining about something that's absolutely legal and only unfair in his own mind, and making absolutely certain that the next time layoffs occur, his name will be on the wrong list.

 

[Just Blue]

OP

Please stick to your own thread and don't "try" to "advise" others just yet. Thank You.

 

[dan-palmer]

Thanks all for the feedback....appreciate the conversation. I'm going to try one more avenue and see what it brings me. Don't suppose I could qualify for Unemployment huh.