Shift change

[Doormatmatt]

I work for a union company that has a contract stating if shift changes are necessary, it would start with the least senior employee...a few years ago we went from 8 hr to 12 hour shifts with a verbal agreement that if the 12 hr shifts were discontinued, we would all go back to our as hired for 8 hr shift. Now they want to discontinue the 12 hr shifts . I was hired for first shift and have worked first shift for 13 years, even on 12 hr shifts I was 7a-7p. Now the union made a verbal agreement that the people who are currently on 8 hr shifts do not have to be involved with the 12 hr shift change mess, and as a result, I am being placed on evening shift even though there are employees with a lot less seniority than me staying on 1st shift. I think that because the union is refusing to honor our original verbal agreement , we should also not honor their recent verbal agreement and follow what is written in the contract and assign shift by seniority! What is your take on this?

 

[KatDini]

What did your union rep say when you asked him/her your question?

 

[mightymoose]

If the union gas made conflicting decisions then the most recent one is likely the one that will prevail. As above, you need to direct your concern through your union representative to determine your options. If you can't settle this via your union you likely won't settle it.

 

[Betty3]

If the verbal agreement & the contract are different, agree to discussing with your union rep. When in a union, your recourse is generally through your union/union rep.

 

[army judge]

OP, discuss "custom and practice" with your union representative.
What you appear to be discussing is "custom and practice", and that normally is upheld, ie... YOU and OTHERS being assigned to a shift OTHER than first!

Here you go, a very insightful article on "custom and practice".

http://www.naarb.org/proceedings/pdfs/1961-30.pdf

The purported verbal agreement may have run afoul of the memorialized CBA.

There is substantial case law and legal precedent that such "sidebar" agreements can (in certain circumstances) run afoul of the CBA.
That is NOT to say "oral agreements" are on their face ILLEGAL, they are often confusing and can cause further legal disputes.
Smarter unions avoid these "oral agreements".

Have a look see:

https://law.resource.org/pub/us/case/reporter/F2/597/597.F2d.1269.77-3231.html

http://www.paed.uscourts.gov/documents/opinions/11d0664p.pdf

http://www.cadc.uscourts.gov/intern...FDE780C90985256F82005D7246/$file/01-1401a.txt

http://openjurist.org/945/f2d/889/merk-v-jewel-food-stores-division-of-jewel-companies-incorporated

You might want to discuss the "verbal agreement" with your shop steward, or other union members.

This might even be a matter for discussion with your union's legal representatives.

Most unions are averse to such agreements, because they generally are determined to be violative of your CBA.

It might be time for your union to call a membership meeting and discuss the issue before it becomes too late.


"parol evidence rule"

Oral agreements are hard to nail down, and that's why smart people avoid them.
Memories of the most honest people among us can get confused, and of course the tricksters and shysters are always ready to do their mischief.

 

[disagreeable]

For clarification they are not called oral agreements. They are formally called "white paper agreements".