I was working 9 years and 11 months with Standard Parking on April 15 2011 I received a phone call stating I was being bumped to another location and from AM to PM shift by a employee with more seniority and was due to report there April 17 so on such short notice I informed them I was unable to do that being I have small children and they gave me the option of that or voluntary layoff. After two days of working the employee left and never returned to the location and still I was not called back to work instead they replaced me with a part time employee that they have working full time hours. The union claims I need a copy of the schedule to get a grievance meeting held and when I called the location for one the ripped it from the wall and hasn't reposted a new one since
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- Thread Starter mrshardy
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cbg
Super Moderator
If you are asking whether the employer did anything illegal, he did not. There is nothing in the law prohibiting him from changing your hours, nothing in the law that requires him to take your child care schedule into consideration and nothing in the law that requires him to call you back to work at all, let alone in advance of the part time employee.
If your union contract says otherwise, then your only recourse is through the union. If they say you need a copy of the schedule, then you need a copy of the schedule. As far as the law is concerned, the situation is resolved.
If your union contract says otherwise, then your only recourse is through the union. If they say you need a copy of the schedule, then you need a copy of the schedule. As far as the law is concerned, the situation is resolved.
cbg
Super Moderator
No, not in your state. Not under the law.
While it apparently was less than sympathetic to your situation, your employer apparently did not violate any statute in transferring you and then letting you go. However, it appears that your union really let you down.
Why would a union representative ask you, a discharged employee, to obtain the work schedule from your former worksite? Why wouldn't the union have the shop steward or another representative go by the site and copy the posted schedule or otherwise obtain the schedule from one of the remaining employees at the site? Why couldn't the union demand the employer to produce an accurate copy of the schedule? Why couldn't the union unilaterally reconstruct the schedule by speaking with its members who worked at the garage during the schedule period?
You should carefully read your CBA for yourself. It may likely be too late now to file a grievance. If, however, (1) the time for initiating a grievance has not expired pursuant to the time limits set forth in the CBA and (2) the CBA obligated employer to offer your former position to you, i.e., a laid off employee, under these circumstances, then you need to press this issue with higher level union officials. Based on what you stated, it appears the union representative you initially spoke with dropped the ball.
Why would a union representative ask you, a discharged employee, to obtain the work schedule from your former worksite? Why wouldn't the union have the shop steward or another representative go by the site and copy the posted schedule or otherwise obtain the schedule from one of the remaining employees at the site? Why couldn't the union demand the employer to produce an accurate copy of the schedule? Why couldn't the union unilaterally reconstruct the schedule by speaking with its members who worked at the garage during the schedule period?
You should carefully read your CBA for yourself. It may likely be too late now to file a grievance. If, however, (1) the time for initiating a grievance has not expired pursuant to the time limits set forth in the CBA and (2) the CBA obligated employer to offer your former position to you, i.e., a laid off employee, under these circumstances, then you need to press this issue with higher level union officials. Based on what you stated, it appears the union representative you initially spoke with dropped the ball.
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