Urgent - extended work week - 50 hrs

WO

Greetings All!

Need some quick help. Due to the rising oil costs and another hike coming in late July; our Road dept has extended the work week to five ten hour days instead of the usual summer shift of 4 ten hour days for one month. They went through the proper notice process notifying them of a change in work schedule. The fifth day Friday is a regular work day and they are required to attend.

Our labor contract says all leave must be exhausted prior to use of unpaid leave. Because it is a required work day, they are required to use 10 hrs vacation or 10 hrs sick leave for any absence on that Friday.

One employee is out for 6 weeks post surgery and therefore required to burn 50 hrs of sick leave per week. As he is actually absent for 50 hrs each week.

They earn sick/vacation at 8 hours per month. The employees/union feels they should not be required to use paid leave as it is not usual to work Fridays and they did not receive an increase to their leave earnings.

I feel if we don't treat it as a regular work day
and require use of paid leave, employees will take it lightly and show up or not. The dept mgr wants to allow absences for only valid reasons; disciplining as a refusal to work if not valid; but not require use of leave.

I can put a labor mgmt meeting together; most likely the Union will not budge on their position which is no use of paid leave. What would you do?

deniseE

when we increased the length of our workday earlier this year, we also increased the amount of leave available to compensate for the increased workday.

so if you had 4 9 hour days saved (36 hours
and the workday/week increased to 4 10 hour days (40 hours)...we made the adjustment in leave balance so that you still had 4 full days of leave--which is what the ee had prior to the workday/week increase.

LindaS

While you won't typically hear me saying this, I agree with the employees/union on this one. I think that to increase their required workweek and requiring them to utilize their paid time off without increasing that as well, you are in a no-win situation with the union.

If you want the EEs to take you seriously, apply whatever attendance policies you have or discipline accordingly for their absences but do NOT require them to use their paid leave unless you are willing to increase the available amount.

What I would do, since you asked, would be to put together the requisite notice regarding the increase in the required hours and inform the EEs that their failure to work their required hours will result in discipline up to, and including, termination of employment. I would also meet with the union representatives and inform them of this as well. Those individuals that fail to report for work as scheduled should receive discipline accordingly.

WT

You are blending two or three items here that I would separate. You require employees to work 50 hours to get work done. That is mandatory overtime. Look at a "normal" five day week. The 40 hours is normal which is 8 hours a day. Leave is set at 8 hours a month which recognizes an 8 hour day. Thus, if anyone wants Friday off, charge them 8 hours and also charge them 8 hours if they want any other day off. Charging 10 hours works only for the four tens. You have changed to five tens and need to look at it in a different way. Thus, each day would be 8 hours plus two hours of mandatory overtime.

E Wart

One thing that I haven't seened mention is if this 50 hour work week is only through July (4 weeks) and employee is to be out 6 weeks, even if you require the 50 hours each week, it would only be for the weeks in July.
Now, I agree with most of the others. I think this is a special situation and see that the "extra 10 hours" as "required overtime" and not a "regular work week". Therefore, unless you are providing more time off (which I would not do unless it is a "permanent change in schedule", I would not require the employee to take 5 days x 10 hours = 50 hours a week, but only require them to take what would "normally" be their work schedule. (Think of this a little differently, if this was a normal work week question, and this employee only worked 40 hours a week, you wouldn't let them take 50 hours off while on disability!!) I think you need look at the issues spearatly and don't get too hung up on any of them. What is a "normal work week", what time is the employee actually off and asking off, and the "required overtime" issue?
E Wart

WO

Thanks for your responses, I do appreciate. Still struggling.

Yes E Wart that employee will only be charged for the 50 hour weeks in July.

The "normal" work week was changed in writing (per contractual mandate) to 5/10s which makes it a designated work day and then all other contractual language should also apply. Our County Auditor will audit to the letter of the contract for payroll issues.

I most likely can do something with the suggestion to recognize it as 5/8s which may smooth the waters some??? I meet with the director again today, will keep you posted.

WT

Just a quick question to help me understand your situation.

Were your employees given the fourth of July off? If so, how many hours of holiday pay were they given? Specifically, was it 8 or 10.

WO

Yes, they had the 4th off and rec'd 8 hours per contract. Even during their 4/10s shifts they receive 8 hour holidays.

WO

To Follow-up

We held a union/mgmt meeting. I floated the suggestion of retroactively applying a 5 day 8 hour/day work week instead of the 5/10s. In the 5 day work week they still worked 10 hrs per day but rec'd 2 hrs at overtime each day.

This scenario answered all the grievance issues and the employer issue of requiring leave for a day off.

They went away to ponder and I held my breath. They accepted it and we are finalizing the agreement.

NOTE: only those employees who took a day off during this 1 month schedule will be affected.

Thanks for all your suggestions.