New Attendance Policy update
Your company has put out alot of silly information on its new attendance policy and there are some falsehoods that the membership has been told that I think need to be addresed. For the record, the current IAM leadership did not 'approve' this new policy even though shift managers are saying they have signed on to it. Hogwash! Don't believe everything your manager sez.
The simple truth is this. In a veiled attempt for productivity gains, your company is in fact attempting to subsidize all the no-shows, call offs, sick calls, etc., of probationary employees, with good hard working fleet service IAM members. My understanding is that the IAM mechanics wanted no part of this new discipline and will not be under it. Only the CWA has approved these new measures from what I understand. But the New Direction is not the CWA or Canale. As aside, this new policy switch will be a good test for us New Direction folks in DL141.
Nonetheless, I will respond to a few questions that you have pm'd me.
1. I did the training and the date has been moved up so that we must all complete the training by Nov 7th, with a December 1st implementation. But during the training I noticed that I can actually receive further occurances or termination in situations if I call in on December 20th and don't have a doctor's note? How can this be, this is Bu** S***!!!
Unfortunately, under key situations with this policy, if you call in on certain days leading up to what your manager might call a 'holiday period', and you fail to substantiate your illness with a Doctor's note, then you could get more than 1 pt, up to even being terminated. I'm pretty sure December 20th is one of those days. Basically, this new policy can bypass the single point system in alot of ways, this being just one.
2. I haven't heard anything from the New Direction, what is their stance on this restrictive sick policy?
The New Direction just got in last week so give them time to meet with the company. My gut feeling is that a meeting will take place with your company to make some things clear. I don't want to speak for the New Direction elected officials but my conversations with them lead me to believe they are not happy [to put it mildly] about the company's intentions of implementing a new policy and training prior to meeting with your new reps. Bad move of disrespecting the membership on your company's part. Your company was fully aware that new representatives would take office in October but instead decided unilaterally to go forward with the new discipline policy and train IAM members on it by attempting to deal with the voiceless and lame duck Canale on this matter. Canale is gone and I can assure you that Nicky Handlow, Mike Crowell, Frankie O, Mickey Hughes know when they and the membership have been disrespected. Let them meet with your company before you start believing your shift managers or other breakroom gossipers. I can assure you, if something can be done, these men will do it.
3. My shift manager told me that my shift trades are a privilige and can be suspended for up to 120 days under this new sick policy and that my contract allows this, is this true?
Hell no! Your shift trades are a 'right' and the only restrictions on them are found in your agreement. There are 'few' instances when shift trade rights can be revoked. This is a matter of contention as your company has suspended shift trades for any ole flimsy reason related to performance or attendance. Unfortunately, Canale never arbitrated these violations in his 8 year regime, but my understanding is that the New Direction folks in CLT have agreed that this matter needs arbitration and this process is already moving forward.
4. Where does this new policy violate the agreement? My manager told me that the IAM already signed off on it and also that the agreement allows the company full jurisdiction of its policies?
First off, your company does not have full jurisdiction over its policies without being subject to the terms of your contract. At any rate, the contention is that the new policy violates two parts of your contract. It discrimminates against IAM members and it also discontinues previous policies.
policy states, "The Program applies only to those employees in the Customer Service and Fleet Service work groups who have completed their probationary period pursuant to applicable collective bargaining agreements."
Remember, probationary employees will not come under this restrictive policy and they are not required to be IAM members until they have completed 336 hours [42 days if and only if a probationary employee is working 8 hour shifts, if working part time then could be as many as 84 days].
However, your contract reads, "No [IAM member] will be...discrimminated against by the Company because of IAM membership." The fact that IAM members will be under this sick leave policy.
Application: On December 20th, both a probationary employee and an IAM member call in sick. Only the IAM member gets points for the occurance. This is inherently wrong and discrimmatory.
I can tell you as a Local Chairman in District 141 that it is inequitable if I have a member who does the same thing a probationary employee does and gets pegged with discipline even as the probationary employee doesn't. I would have a problem with that and run a grievance on it immediately based on discrimmination as a result of IAM membership. Any grievance along these lines should ask for rendering the discipline void based on the discrimmatory practices. if this includes termination, then any grievance along this line shoud ask for full back pay due to discrimmination of being an IAM member. An arbitrator would eventually have to decide.
Another violation is that your company's policies are subject to the 'continuing terms' of your agreement. Your agreement, like all Labor contracts, has 'continuity language' that protects the continuation of reasonable working conditions.
Therefore, any 'Bait & Switch' to more restrictive policies that gives the company the productivity gains it is wanting, must be subject to negotiations.
regards,
Tim Nelson
IAM Local Chairman, 1487, Chicago
on JAN 1st you'll only get 50% pay for each sick day .... SO if your going to start banking them , best to put it off till the new year ...
