So, we just had a very odd situation come up on night crew. All of night crew was full time except for 2 people. I hear from the store manager that one of the part timers went full time, mind you somebody who is special needs and has no business being full time(sleeps on the clock all the time, steals time, lies, very slow worker, afraid of using an RF gun etc). The kicker? He went full time 10 months ago and nobody knew, not management, not the grocery manager. He's been scheduled part time hours the entire time, well, since nobody knew he went full time. Mind you, grocery is always over on hours, and has no room for another full timer, and only having one part timer means anybody who goes on vacation, gets sick, or whatever = overtime since there are no part timers to cover.
Now, I have no idea what the contract stipulates in a situation like this. Is there back pay because he should have been scheduled 40 hours for 10 months, even though he didn't work them? Store manager just told us to give him 40 hours from now on, nothing else was said. It's literally impossible to allot the appropriate hours at night now because we're given something like 310, and the full timers alone make up 320 hours.
Boy, somebody really dropped the ball on that one. My guess is since he didn't work those hours, he won't be paid for them. However, he should be paid the difference between full time pay and part time pay for the hours he did work.
In my division you have to work I think 32 hours consecutively for 12 weeks to become full time. Then to keep full time you have to work 32 or more hours. If you drop below 32 hours for a few weeks (can't remember how many) you drop back down to part time. Then if you start working more hours you can go back to full time. It's hard as heck to get full time in our store. I worked about 36 hours for weeks, and sure enough, when I hit week 10 my hours got cut to like 12 hours a week. Don't think they don't keep an eye on it, they do. Read your contract and see what it says. Under my contract he never would have been considered full time.
In my division you have to work I think 32 hours consecutively for 12 weeks to become full time. Then to keep full time you have to work 32 or more hours. If you drop below 32 hours for a few weeks (can't remember how many) you drop back down to part time. Then if you start working more hours you can go back to full time. It's hard as heck to get full time in our store. I worked about 36 hours for weeks, and sure enough, when I hit week 10 my hours got cut to like 12 hours a week. Don't think they don't keep an eye on it, they do. Read your contract and see what it says. Under my contract he never would have been considered full time.
He had 12 consecutive weeks at 35+ hours. He was originally in dairy department and always stayed past his shift, so even if he was scheduled 30 hours, by the end of the week he'd be up there around 38-40. Then he got moved to night grocery because that's what he wanted. When he got moved, the grocery manager didn't know anything about his past hour situation, but apparently he was very close because he went full time within 1 month of being moved to nights.
Apparently now the store manager is trying to find a way around it, but nobody knows how it's going to play out.
If he worked 12 consecutive weeks below the threshhold for full time, then he should be back to part time. If this happened ten months ago, and he's only worked part time since, then he should be back to part time, unless of course he's stayed over enough times to maintain his full time status.
If he worked 12 consecutive weeks below the threshhold for full time, then he should be back to part time. If this happened ten months ago, and he's only worked part time since, then he should be back to part time, unless of course he's stayed over enough times to maintain his full time status.
The point is that he was never given what was rightfully his by union rules. If somebody qualifies for full time, they can't force them back to part time without having them sign a waiver agreeing to it. And because nobody knew he was supposed to be full time, he never consented to be putting part time. He has been begging for full time since the beginning. So there is no chance he would give it up. Also, I'm about 95% sure that he did not work 12 consecutive weeks under the threshold. There have always been reasons to have him a week here or there over due to vacations, call ins, etc. His average should have fallen below, but not consecutive weeks.
-- Edited by DeltaGrocery on Friday 3rd of July 2015 06:38:45 PM
If he worked 12 consecutive weeks below the threshhold for full time, then he should be back to part time. If this happened ten months ago, and he's only worked part time since, then he should be back to part time, unless of course he's stayed over enough times to maintain his full time status.
The point is that he was never given what was rightfully his by union rules. If somebody qualifies for full time, they can't force them back to part time without having them sign a waiver agreeing to it. And because nobody knew he was supposed to be full time, he never consented to be putting part time. He has been begging for full time since the beginning. So there is no chance he would give it up. Also, I'm about 95% sure that he did not work 12 consecutive weeks under the threshold. There have always been reasons to have him a week here or there over due to vacations, call ins, etc. His average should have fallen below, but not consecutive weeks.
-- Edited by DeltaGrocery on Friday 3rd of July 2015 06:38:45 PM
Well if he sleeps on the clock, lies, steals time, works slow then he may not have been given what was rightfully due him by the union contract, but he was given what was rightfully due him by karmic law LOL!! If I was his boss I'd tell him to hustle hustle hustle and would ride him to work harder. No more overtime for him.
