? About raise

[SWIM84]

Can a company be sued if in the policy of company it states that employees may recieve his raise if he has recomendation via his captain and approval of raise via the port captain?


5.1.4 Level 4 to Relief Mate
- 5.1.5.1 Must be a level 4 Deckhand to qualify.
- 5.1.4.2 Recieves Captains Recommendation
- 5.1.5.3 Recieves Port Captains approval.

NOTE: Progression to a higher level also assumes the employee is not on any form of disciplinary probation with kirby.

6.0 GENERAL:
- Captain's recommendation should be given when the deckhand canidate has demonstrated skill equal to those normally demonstrated by a deckhand of the level the canidate is moving up to.
- 6.1.1 the recommendation should be sent to the vessels Port Captain by means of the satellite communication system.
- 6.1.2 The port Captain reviews and approves the recommendation then forwards thw recommendation to the personnel department for processing.

6.2 The vessel personnel department will verify the candidate has adequate time onboard the vessel and does not have any outstanding disciplinary issues. If the candidate qualifies, personnel will implement the level change at the next pay period following their reciept of the recomendation.

POI: said ""
The port captains approval basically covers it. I don’t approve anything that is out of budget. Level 5 is relief mate. A boat is only budgeted for a certain number of deckhands, relief mates and mates. Is it not suspose to be written in policy via supporting documentation in policy procedures that the vessel is budgeted for x amount of deckhand relief mates and mates so it can be viewed by every employee which rules out the question?" am i eligible for a raise?" by the company policy im past due for a raise but being denied raise from company due to budget reasoning though no where does it state in company poilcy in vessel budget or anywhere that a boat is budget for x amount of hands etc and if positions are filled will not be able to advance past leve


Speaking with wheelman read entire vessel operating procedure and nothing ive found states im not eligible for a raise if i have recomendation from captain. my port captain approval which he is dening due to a budget "?" Which is hearsay no supporting documentation to prove said statement and when i asked for proof of documentation he no long discussed it rater just ignored me from that point on

 

[cbg]

Saying that an employee MAY receive a raise if x, y and z is not a guarantee that an employee WILL receive a raise if x, y and z.

 

[HRZ]

Is this covered by any CBA or civil service in any context?

I read the material in context of employee shall move up the ladder if he meets the qualifications stated ..and that if outside the scope of the policy presented for the Port Captain to withhold approval for other criteria.

I think the policy is poorly written ..but that's not the question posed.

THe practical problem is that even if Port Captain violates the intent of policy...on what theory are you " entitled " to a raise

 

[Just Blue]

Can a company be sued if in the policy of company it states that employees may recieve his raise if he has recomendation via his captain and approval of raise via the port captain?


5.1.4 Level 4 to Relief Mate
- 5.1.5.1 Must be a level 4 Deckhand to qualify.
- 5.1.4.2 Recieves Captains Recommendation
- 5.1.5.3 Recieves Port Captains approval.

NOTE: Progression to a higher level also assumes the employee is not on any form of disciplinary probation with kirby.

6.0 GENERAL:
- Captain's recommendation should be given when the deckhand canidate has demonstrated skill equal to those normally demonstrated by a deckhand of the level the canidate is moving up to.
- 6.1.1 the recommendation should be sent to the vessels Port Captain by means of the satellite communication system.
- 6.1.2 The port Captain reviews and approves the recommendation then forwards thw recommendation to the personnel department for processing.

6.2 The vessel personnel department will verify the candidate has adequate time onboard the vessel and does not have any outstanding disciplinary issues. If the candidate qualifies, personnel will implement the level change at the next pay period following their reciept of the recomendation.

POI: said ""
The port captains approval basically covers it. I don’t approve anything that is out of budget. Level 5 is relief mate. A boat is only budgeted for a certain number of deckhands, relief mates and mates. Is it not suspose to be written in policy via supporting documentation in policy procedures that the vessel is budgeted for x amount of deckhand relief mates and mates so it can be viewed by every employee which rules out the question?" am i eligible for a raise?" by the company policy im past due for a raise but being denied raise from company due to budget reasoning though no where does it state in company poilcy in vessel budget or anywhere that a boat is budget for x amount of hands etc and if positions are filled will not be able to advance past leve


Speaking with wheelman read entire vessel operating procedure and nothing ive found states im not eligible for a raise if i have recomendation from captain. my port captain approval which he is dening due to a budget "?" Which is hearsay no supporting documentation to prove said statement and when i asked for proof of documentation he no long discussed it rater just ignored me from that point on

U.S. Law Only.

 

[SWIM84]

The theory being

According to the policy of progression of deckhand from level 4 to relief requires i full fill responsibilities that of a relief mate which i have and that i have a captains recomendation which i have aswell. But Port captain will not approve because of budgets yet nowhere does it state that a deckhand onboard a vessel in which he/she posses the requirement and/or qualification ie. recomendation letter from captain and other qualifications may not advance due boat budget constrants not allowing said raise or that each vessel is alloted only 1 deckmate 2 relief mates and remaining crew max attainable raise allowed is level 4!! See there are other boat in company that have multipule mates onboard multipule reliefs mates yet i cant get my raise to "" something he wont provide supporting documentation that allows me proof of fact.

 

[SWIM84]

Cba or civil service

Cba the acronym for "cant be assured" or civil service i have not found anything that in policy and procedures no but maybe im looking in wrong location any advice to locate these would be great. Company is not involved with any branch of goverment though liscene is given through the coast guard

 

[cbg]

There is nothing in the law that guarantees you a raise no matter what company policy says. The only time you are EVER guaranteed a raise by law is if minimum wage is raised by the appropriate legislative body and you are earning under the new minimum.

By your own description, the policy says you MAY receive a raise when these criteria have been met, not that you WILL. MAY means there is some discretion about it on the employer's part.

If you don't have a contract or CBA that provides a guarantee, you are out of luck.

 

[HRZ]

.

Sorry..CBA as in collective bargaining agreement .

You may be 100% right that the policy assured you of advancement ...and the Port Captain is wrong to deny approval of same for criteria not addressed in policy ...but that and $ 2.99 still only gets you a cup of coffee .
Law does not require a firm to follow its own policy to increase pay ...I seriously doubt the policy is a contract .
And if you grumble too much I suspect you can be put ashore and terminated.

 

[Just Blue]

U.S. Law Only.What US state are you in?

 

[SWIM84]

May?

Im in texas but my apologies on the may part i does not state may it states the standard operating procedure for deckhand progression guidelines has been designed to establish guidelines for deckhand progression that will help safeguard "said company the company i work for",equipment and enviroment. The procedure outlines the progression procedures for deckhand abord company vessel. It is applicable to company deck personel.. look i dont want to trully sue my but i want to be as prepared as possible when i bring to their attention that there policy contridicts what they are denying my raise for. He said its the port captain decision so im denied raise on budget restraints etc that he "" will not provide proof on etc when in actuality i know employees that have recieved this raise just on recomendation and approval so on a boat that has 3 deckmates and 2 relief mates etc anyways i feel favoritism here and its not right if you read 6.0-6.2 it states i get the raise anyway no on the cba im gonna talk with hr just want to be prepared thats all thanks for the information i feel as if im back where i started

 

[SWIM84]

Thank you all

Thank you all for help on this i appreciate it