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Can I be forced out of my shift by someone with more seniority? Pennsylvania

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  • Can I be forced out of my shift by someone with more seniority? Pennsylvania

    The facility that I work in uses 3 shifts - 7-3, 3-11 and 11-7. Another employee on my shift, 11-7, is having the position she now holds removed. The position will not be available on 11-7, only on 7-3 shift now. Does this employee have the legal right to take my 11-7 position due to the fact that she has been with the company longer than I have, forcing me to go to another shift if I want to continue to work for this company? Wouldn't it be more appropriate to offer this employee any open position rather than allow her to take a position away from someone who is already filling it?
    Last edited by toomoofiss; 09-18-2006, 11:26 PM. Reason: added info

  • #2
    What's appropriate is determined by the employer in this situation.

    Are you employed under a collective bargaining agreement?
    1. If yes, the agreement may outline schedule bidding requirements. Contact your union rep on this.
    2. If no, then scheduling is at the discretion of the employer.

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    • #3
      There is nothing in the law that prohibits the employer from giving her your shift and moving you to another one.

      Unless you have a binding agreement or CBA that addresses this issue, it's up to the employer who gets what shift.
      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.

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      • #4
        So let me be clear

        Since her 11-7 position is being eliminated, the employer could put her into whatever shift they want? She doesn't have any specific "right" to my position based on her seniority? Because that's what the company is saying, that she has a legal right to take my 11-7 position if she chooses, based on the seniority factor. The company says that's the way they have to handle it otherwise it would leave them open to a lawsuit that she could possibly file. Is the accurate information? Thanks very much for your input.

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        • #5
          This practice is perfectly legal. She's lucky that she was not laid off. That would have been a legal option as well. Seniority typically only is a "real" factor if a union is present.

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          • #6
            So they don't have to give her the 11-7 position if they don't want too?

            Are you telling me they don't have to give her the 11-7 position legally? They are choosing to? And she wouldn't have the ability to sue them if they don't?

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            • #7
              You understand correctly. Unless a union is present and the collective bargaining agreement outlines schedule bidding, her recourse is to accept the new shift or find employment elsewhere. The company holds no obligation to displace a second worker because her shift is no longer available.

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              • #8
                Thank you for your help.

                I appreciate your helping with this. Have a great day.

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                • #9
                  Originally posted by toomoofiss
                  Are you telling me they don't have to give her the 11-7 position legally? They are choosing to? And she wouldn't have the ability to sue them if they don't?
                  Under ideal circumstances, this is a perfectly legal action. The only thing that might warrant a lawsuit if she's being displaced due to an unlawful reason (i.e. age discrimination).

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                  • #10
                    There also can be FMLA or ADA considerations that require them to provide her with a specific shift.
                    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.

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