Silly Question About LOA?

Ixtapa99 · November 2002

Good morning all! Please bear with me on this one...I have no experience with union rules or contracts but have been asked to post the following and try to get some answers or suggestions (anything will be greatly appreciated on this one) xpray Here's the scene...

Small IL trucking company (10 trucks) has ee who does a good job driving, taking care of the equipment, etc. but plays EVERYTHING right by the book (this guy carefully covers his backside whenever he starts trouble) and tries to exercise ALL of his "rights" and is basically driving the owner to the point of wanting to park every truck from this ee down just to make sure this ee can't return in the spring.

Now...the ee wants to go out of the country to visit for a couple of months over the winter and has requested the time off. Needless to say, the owner doesn't want to grant his request because he isn't thrilled about the idea of implying there will be an open position for him when he returns from his trip. I believe I was told the owner may be able to deny the ee's request and make the ee stay as long as there is work and if the ee is laid off, he must be able to return within 5 days should he be called back (this ee is 3rd or fourth on the seniority list) or he can be terminated.

Question: Is there any law that requires an employer to grant a personal leave of absence for such a request as this? The owner is concerned that some agency (DOL, NLBR, etc.) will override some union "contract/rule" and he could possibly have more trouble on the way. And unfortunately, the motives of the BA of their union seem to be questionable at times and isn't very much help.

What I have described resembles more like a slice of swiss cheese but I am hoping someone can direct me as to what to tell the owner of this company. He is really up in arms over this guy and at his wit's end with this. If any of you have questions, I will periodically check in today and try to get them answered for you. Thanks for listening and ANY advice you can give. :-S

Christel

Rockie · November 2002

Christel:

I'm not familiar with the operations of unions and time off.

Unless there is something in a union contract about granting time off to someone, there is nothing that states that an employer "has to" grant time off. Two months off seems very excessive for someone with a full time job obligation. The only time an employer would be obligated to grant time off would be in the case of FMLA.

Sorry I couldn't be more definitive about this.

Don D · November 2002

[font size="1" color="#FF0000"]LAST EDITED ON 11-08-02 AT 02:24PM (CST)[/font][p]I tried early this morning to respond but the site was 'down' or so slow that it wouldn't respond. I don't see anything in your post that would tell me this guy's request should be approved. I would reject it out of hand and tell him the company will follow the established attendance policies and his actions will result in job abandonment and self-termination and that he is welcome to apply when he returns; but make it clear you are not approving his request for extended absence for out-of-country visitation. And do not consider him for re-hire if he does go. Surely the contract gives the company the sole right to hire and rehire unilaterally. Surely the union contract does not contain anything that would suggest you should grant such a request. Don't lead him down the path of asking for a hardship absence or family member FMLA type absence. If the guy is sharp enough, he can return with medical documentation from another country to qualify him for FMLA but don't suggest it to him. Don't count on the union rep working 'with you' toward resolution of this either. The union loves it when he pushes your buttons and keeps your boss agitated. It validates the reasons for their existence. Both you and the boss need to let his agitation roll off or at least give that appearance. If this guy is as sharp as you indicate and can stay right at the edge of the fine line like you say, he will be sure to catch you retaliating against him for his union positions and for agitating you. When you reject his request, keep a keen eye on his behavior and performance immediately following the denial and perhaps you will flush out something that will allow discipline under the contract rules. I would bet that your boss has not honored similar requests for extended time off, and if that's the case, all the more reason to reject this one. Don't be caught being inconsistent in the honoring of such requests though. If you've granted them to non-union, that's fine. You need not be consistent among union and non-union. That's non-grievable. I hope this advice doesn't sound to employee-non-friendly; but perhaps it is. With a union, we often have to make our decisions with just as sharp an edge as the union does.

Ixtapa99 · November 2002

Thank You, Thank You for responding! I will pass along the advice...

But...This particular company has less than 50 ee's so I don't think they fall under the FMLA guidelines (please correct me if I'm wrong) so I don't think the FMLA is an issue. Yet...the owner is worried about state/federal agencies getting involved over some "labor" law that is being overlooked because a previous employee went to the DOL after he couldn't get anywhere with the union (DOL does not recognize percentage pay as where the union does). Do you know anything about this?

Anyway, the owner wants to ask this ee for his resignation telling him that he can go where ever he wants and won't dispute the unemployment claim should he file one and have a nice life! If the ee won't resign, then the owner wants to tell him that he will park his truck and everyone under him just to get rid of this man. Again, the ee wants an extended LOA and a letter from the company stating they have given their blessing to do so (which is ridiculous)! I believe he let this guy go out of the country because of a sick grandmother or something for 2 weeks just to show good faith to this guy earlier in the season. I'm afraid this is going to get messy!

Christel

Don D · November 2002

I would not threaten the guy with telling him I'll park his truck just to get rid of him. Your boss has to be smarter than stepping into a harassment trap. Remember, even if you were to be covered by FMLA, visiting a sick grandmother does not qualify for FMLA. And just because the boss might have given in once and let the guy go on a samaritan trip doesn't mean he must do it again, and again. Deny the request and keep an eye on the employee. He'll act out. Only you guys know whether or not you are in compliance with the wage-hour laws. If you are not, the guy would have already complained to the DOL. It sounds like to me this guy is bending you both over an intimidation barrel.

JKlink · November 2002

Everyone is correct about not being covered under FMLA, so I agree that it should not be brought up in any form.

What does your labor attorney say -- or whoever was the chief negotiator for the CBA? After lots of years of union experience, don't supplament the CBA.

As far as the owner telling him that he can resign or that the truck will be parked -- that's just begging for a charge being brought by the employee!

Silly Question About LOA?

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