Announcement

Collapse
No announcement yet.

Do Overtime Shifts Count Toward Probationary Period New York

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Do Overtime Shifts Count Toward Probationary Period New York

    Employee was terminated after completing 57 days of a 60 day union probation period.
    There were 5 additional overtime shifts completed to bring the total shifts to 62.
    Our union's position is that the probation was satisfied by the additional shifts.
    I have to present an argument to HR and wonder if there is any case law that might show precedent in this situation. In our view the employee met the standards there (was never late or miss a day) and that he should have been unionized.
    So do full shifts worked count as days?

  • #2
    This isn't a legal issue it is a contract issues. Honerstly I'd ask the union to point to the provision in the contract that indicates probation is counted by the number of shifts and not the number of days. My bet is it states a number of days not hours or shifts, but you will need to refer to your CBA to be sure.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      This is also a duplicate post. The answer is not going to change because you ask the question a second time. There simply is no law that says yes, overtime shift count towards the probation period or no, overtime shifts do not count towards the probation period. This is STILL a matter of the union contract and not of law, just like I told you yesterday.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        OP posted this thread 8-12 & a duplicate thread on 8-13 (see -
        http://www.laborlawtalk.com/showthread.php?t=280470)
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Originally posted by cbg View Post
          This is also a duplicate post. The answer is not going to change because you ask the question a second time. There simply is no law that says yes, overtime shift count towards the probation period or no, overtime shifts do not count towards the probation period. This is STILL a matter of the union contract and not of law, just like I told you yesterday.
          Thanks for the honest answers. I'm sorry for the duplicate posts! I wasn't sure on which forum would be the best for this type of question. When I received zero answers after 2 days I tried the overtime forum. Sorry again!
          Last edited by Sonyguy; 08-17-2011, 07:26 PM.

          Comment


          • #6
            Most all the employment/labor law responders read all of the employment/labor
            law sub forums - that's why it is only necessary to post once. We don't
            want two threads going with the same question & each have answers. It can
            get confusing.

            Thanks for understanding.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Just as an additional explanation and not yelling at you, the responders here are all volunteers who do this when they get a chance. It can sometimes take a while for someone who knows the answer to get on line, read the questions, and type out an answer. This can include research if the question is not straightforward. So don't get discouraged if you don't get an immediate answer.

              If the same thing should happen in future, the most effective way to address it would be, not to post a second thread - as Betty says that can get confusing. Rather, put a reply in your own first post, something like, "Anyone?" or even just "bump" which will "bump" it back up to the top where people who might have overlooked it will see it again.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Just another also - if you post on the weekend (or a holiday), we generally do not have as many responders on as during the week.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Also, not all responders know the answers to all questions. Just because a thread is getting "viewed" does not mean that the people viewing necessarily knew the answer to the question.

                  I can agree with the other answers. I did not bother doing so before because such a response does not change anything.

                  Things like probationary periods are simply not labor law concepts. When labor law is silent on an issue (and it is in this case), then we are left with (at most) contract law, agreements between parties. And contract law answers always involve "have a local attorney read the contract" as the answer.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  Comment

                  Working...
                  X