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Question

My situation is complex, and I'm not for sure if there any employment laws being broken with my company. I'm employed as a Supervisor with this company that also employs people who are unionized. Upon becoming a Supervisor I'm no longer protected by the union, but as far as vacations, bidding for shifts, days off etc my group mirrors the agents contract to a certain extent. My concerns are these: Middle management has contended they have the right to block certain shifts for people they deem qualified to hold them therefore these certain shifts can't be bidded by all the supervisory group, and the Supervisors with these lines never have to bid, the shifts are given to them. This raises a concern because 6 of the 9 blocked shifts are being held by Supervisors that have considerably less seniority than I have. Even though I don't have a union to present this to, are their any fair labor laws being broken or is this something the company can do?

Submitted: 413 days and 11 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Optional Information

Phoenix, Arizona

Already Tried:
Going to all three levels of management at my place of work, alone, and with other concerned Supervisors, but nothing has been done to remedy the situation, and to tell the truth it has gotten worse with the placement of Supervisors in these positions with less seniority, and tenure with the company as a whole! To me this isn't allowing me to exercise my seniority to obtain a shift with good days off, and forces me to bid what is left.

Posted by Jane Doe Deer 413 days and 11 hours ago.

Info Request

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

 

There can also be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following answered before I can answer your question. Sorry - it's a little bit of a different process from sitting in an attorney's office.

 

Can you please tell me what state is involved in your question? I cannot see it on my screen right now. I may need the information so that I can look up the law in your jurisdiction.

 

Are you now "at will" or exempt, or do you have an employment contract?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 

413 days and 11 hours ago.

Reply

Arizona. Once I became a supervisor I'm no longer protected by the union, but as far as certain aspects our group goes by the agents contract. When it's good for management they will use the contract, and when it's not we are told "you're management" so they can do what they want with us.

Posted by Jane Doe Deer 413 days and 11 hours ago.

Answer

Then what you have is vague contractual terms. In those circumstances, vague language in the contract would be interpreted in your favor.

 

If you're "at will" or exempt, you basically have no right to complain about shifts or anything else. But you can work on getting contractual rights.

 

Supervisors can get together and put together their own contract with management, even if it's not a "union" contract. You may want to spend some quality time on these websites: http://www.nlrb.gov/ and http://www.dol.gov/

 

 

 

I'd be happy to answer follow-up questions.

 

Before giving me poor feedback, write to me. "Bonus" = "tip"

 

Next time, ask for "Jane Doe Deer."

 

I wish you the best. You'll be ok. Be prepared for the worst, and you're always prepared for the best.

 

Jane Doe Deer

 

 

 

413 days and 10 hours ago.

Reply

I have no vagueness because there is no contract, the company has taken it upon themselves to do what they want as far as the supervisors. When I first became a supervisor we followed the agents contract as far as bidding shift, vacations, days off, and there wasn't any blocked lines!!! What is "at will" anyway??? So you're telling me the company has the right to unfairly give shifts(block their shifts) to junior agents, protect their 2 most senior supervisors by providing them with shifts they know they can bid, and this is fair to me who is the 3rd supervisor in line for a decent shift, but can't get one?? Aren't their fair labor laws that the company has to abide by??

Accepted Answer

An "at will" employee is one who has no employment contract or union contract. An "at will" employee can be fired for no reason at all, with but a moment's notice.

 

If an at will employee can be fired like that, he or she can have hours given or taken away; assignments given or taken away; seniority means nothing; etc. That's exactly why people have formed and joined unions in the past - to give them protection from the employers' random decisions.

 

No laws protect you from what your employer is doing. I'm sorry.

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Expert: Jane Doe Deer
Pos. Feedback: 99.1 %
Accepts: 
Answered: 10/5/2008

Employment Lawyer

Atty. 22 years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.

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