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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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Belong to a union. I was hired to work 7:30 AM to 8PM Monday-Friday

Customer Question

Belong to a union. I was hired to work 7:30 AM to 8PM Monday-Friday no weekends or holidays. Yesterday, I was told the entire staff will be working on workends and holidays. Can the hospital do this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.
The answer to your question depends entirely on the wording of the collective bargaining agreement between the union and the hospital. If the agreement gives the hospital the flexibility to make changes such as this one, then the language of the collective bargaining agreement would technically trump the working of your agreement to work the specified hours to which you agreed.
You need to speak back with you union rep and ask him/her to provide to you the language in the collective bargaining agreement or other agreement with the hospital that allows this type of practice. It is likely there and the language is likely pretty broad and gives the hospital great discretion.
That said, if it is not there, then technically speaking, the hospital does not have this right and it will then be up to the union to force the issue and make sure it does not happen.
So, while you are right that it breaks your contract, it is not technically a breach of contract by the hospital if this is allowed under the overarching agreement they have with the union. If it is not a part of the agreement, then they have technically breached your contract.
Let me know if you have any other questions or comments.
Please rate my answer positively if you have been assisted at all.
Best wishes going forward!
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or comments? I just want to make sure you are as comfortable as possible as you move forward.
Expert:  Delta-Lawyer replied 1 year ago.
Just checking in one last time - not to bother, but just to make sure you are good to go moving forward. Best!

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