Am I required to negotiate a polcy definition?

LindaS

We currently have a flextime and attendance policy in place but have recently been made aware that both of these policies have been abused by employees and that the supervisors have not been administering these policies correctly. This has resulted in some employees being allowed to "flex" more than what the guidelines allow as well as employees routinely reporting for work tardy and being allowed to "make up" their time. Since this is a union setting, I obviously have concerns regarding consistent treatment of employees.

The decision was made to further define the flextime policy in that supervisors will now be required to complete a form each time an employee "flexes" and that an employee reporting for work after the start of their shift will only be allowed to "make up" their time if they called prior to the start of their shift regarding their tardiness. In addition, if an employee does report to work "tardy" this would be considered their one-day-a-week flexday.

Word of these changes got onto the production floor due to employees overhearing a conversation and I ended up in a "meeting" with the union committee yesterday wherein they informed me that I was required to "bargain" these "changes" before implementing. I contended that this isn't a "change" but rather further defining the policy to ensure all employees are treated consistently. They disagreed.

Would this be something I would have to "bargain" with the committee? Neither of these policies are part of the contract and both were implemented way before I was a part of the company.

Any help would be appreciated.

Down_the_Middle

Your desire to clarify the existing policy under the umbrella of "further defining the policy" is laudable, but probably not going to be successful. The strength of your management rights clause should help you determine how much latitude you may have and just becuz the bargaining unit members say you have to bargain over it doesn't make it so. Certainly the recordkeeping requirements you impose on the Supervisor is not negotiable with the union, but requiring employees to call-in prior to the start of their shift (to allow them to make-up) is probably a bargaining item. If the employee does not call-in and loses the make-up opportunity, then presumably there is a loss in benefits for that individual and that will likely cause the union to file a grievance. Only you can determine how "staunch" you want to be on this issue or whether you can wait until the next round of negotiations. Your labor counsel should be able to advise you on the liklihood of implementing this change successfully w/o the union going bizerk............. Good luck.......

Balloonman

No to sound harsh but screw them. Administer the policy as written, late is late, no making up, administer as written and tell them tough. SOrry just fed up with union morons as supervisors who can't do their job.
My $0.02 worth.
DJ THe Balloonman

WT

You sent alot of information but a few more bits are needed. Past practice is just as binding in a union setting as written contracts. Past practice must be something agreed to by both parties, out in the open, of long standing duration, and something which the union would have a reasonable expectation would continue. Abuse of a policy is not generally past practice. If you can find a memo or note of how the flex system was supposed to work, that would be helpful. You did mention guidelines. If the guidelines are written, and have been abused, there should be no problem tightening up policy to follow the guidelines. If you want to add to the guidelines or rewrite them, that would most likely have to be negotiated.

Crout

You could avoid the whole issue by telling the Union that the company has decided to simply enforce the policy as it exists. Whatever additional documentation you require from your supervisors is none of their business.

LindaS

Thanks to all for your responses. Both policies were in writing but left some "gray" areas which is one of the reasons the policies are being further defined. After an unscheduled, rather heated discussion with some members of the union committee last week (word of the "crackdown" got onto the plant floor) the decision was made to have a scheduled meeting with the union committee tomorrow AM so they are aware of what is happening. This is not a negotiation but rather an information session. The supervisors will be made aware of their new responsibilities tomorrow PM and they will take effect Wednesday AM. I had discussions with both the manufacturing director and the president of the company and both stated that the intent of the policies is NOT the way they are currently being enforced.

Wish me luck!