cllo

so here is the news. the union still saying thats seniority have right to pick shift.

she even go as far as saying it is not part of the Collective agreement and this is how seniority works.
at the end, she basicly cut me off by saying she have to go to a meeting and cant chat with me.
she did mention about past practice. but i didnt get a chance to ask when what what those examples are.
I did get a chance to quote one section. "in situations other than emergencies, the scheduled employees are entitled for fourty-eight hours notice of any change in their repective work schedules." than i said acorrding to that. employer have the final say in anything scheduling.
but the union lady try to say that rule apply in case of someone is sick, schedule need to be change. blah blah blah. and then to run away by saying she have meeting to go to.

so i know base on the collective agreement seniority doesnt have right to pick shift. but how much power does past practice have. past practice could be use to rule thing that isnt stated on the agreement, but what if something that is on the agreement.
like the one i quoted. "in situations other than emergencies, the scheduled employees are entitled for fourty-eight hours notice of any change in their repective work schedules." that would basicly blow past practice of senority can pick shift out of the water. if i intend to use it as one of my fighting points.

cllo

btw what step should i take to do this now. since the union rep of our hotel dont want to talk to me no more.

cllo

the problem is the union rep is responding to the matter with things that wont hold up in court, like "this is how seniority works", "not all rule need to be listed in the CBA for it to apply" (aka this case.), "past practice without examples", and etc. i would think everyone will be unsatisfactory with those answer, if those are to be used against them.

i cant believe i pay all those union due to pay for this kind of people.

anyway, she did say she will send me a letter (snail mail. seriously.). I will have to wait for that and see what happen.

cllo

update.

So this is the letter recvied by my manager today.
"Re; Scheduling Preference
The union understands that XYZ empolyee has requested a change in her work shifts.  The union writes to you to honour her seniority in choosing her shifts, as per the collective agreement Articles 8 and 9, and as per past pracice."

Seriously, thats all the union rep wrote. This is after the fact I have written to request a formal answer from her.
espeically, since on the phone the rep did admit to me already that it is not in articles 8 and 9. and as per practice. there is no examples given by her to support the ruling.

cllo

thats what i think too. the union rep (very rude i would say) is try to say senior staff get first pick.
but base on the agreement. they get first to assignemnt the longest shifts. they can decline a longer shift for a shorter available shift. as article 8.05(a) in the attactment eariler. NOT FIRST PICK.
and a later article. "in situations other than emergencies, the scheduled employees are entitled to forty-eight hours notice of any change in their respective work schedules" and "this provision is intended to provide scheduling flexibility when business needs change."
my understanding of that article is employer can change schedule by their need. seniority doesnt apply. I think this is why they left out the casue "seniority can pick shift", which is part of a older collective agreement. To avoid conflict between the two cause.