contract wording

[ackgray]

What is the name of your state (only U.S. law)? Ma

our contract is being misinterpreted we believe in this section specifically and I am looking for some help and or the proper wording to correct this issue if there is one.

Article 11-vacations all permanent employees shall be entitled to vacation each year on the following basis.
After 1 year,but less than 5 years =10 working days@.833 days per month
After 5 years,but less than 10years = 15 work days@ 1.25 days per month
After 10 years,but less than 20years = 20 work days@ 1.67 days per month
Problem what the town is now saying nobody is eligible for a vacation until after the end of there second year

Is there a wording problem here or is it pretty clear that after the end of your first year which is based on your anniversary date you are eligible for 10 days vacation.

Thank you for any help I am currently seeking position as President/vice in our union and negotiations start dec first.

 

[eerelations]

What are the different interpretations and to whom do the different interpretations belong?

 

[racer72]

What is your union doing about this?

 

[ackgray]

Not taken ill in any way.My union is not very helpful thus my reason for seeking office in the coming elections.I have actively been working on wording and additions to our contract that expires in June with NO help from local,regional or National we are part of AFSCME all I have been requesting is for a contact or someone to send copies of what I have written for review by legal to make sure my use of wording in proper so we don't look like clowns come negotiations.
Thanks for your reply Happy holidays

 

[ackgray]

Reply to your question"What are the different interpretations and to whom do the different interpretations belong?

The town is saying that Employees are not eligible for any vacation time until after the end of your second year of employment.As I quoted what the current contract states we feel as written we are eligible for vacation after our one year anniversary date.I am a newer hire 2 years and myself and the others below me have heard the town is going to come after us for using vacation after our first year anniversary dates.

 

[Dave1952]

For what it's worth, my interpretation is that you get no vacation in the first year. So at the start of your second year you ave not accrued any vacation time. You start accruing 0.833 days of vacation each month after that. So if you take no vacation in the second year you will have 10 days saved up at the start of your third year.

 

[pattytx]

I have managed payroll operations in large companies as well as for a large city and have seen and been responsible for administering vacation plans in all of them.

Here's what I see the discrepancy being..it's the word entitled used in conjunction with the description of an accrual.

In other words, "entitled to vacation" usually means "you can take" vacation. However, what is being described is an accrual, i.e., after 1 year, you start earning vacation at XX hours per month.

So, I can see this very poorly worded policy being interpreted both ways.

In the city in which I previously managed the payroll operation, this would have been brought to the attention of the Labor Commissioner, who would have examined notes, etc., of the negotiation process and made a determination as to the intent of the policy. Is this a new policy, as worded, in the current contract? Or has the clause been worded as such for several contracts in a row? IOW, how long has this policy been administered in the manner you describe the city as doing it? There's a reason I'm asking.

 

[ackgray]

this has been in place for numerous years 5+ at least.so the play with wording is key i have a funeral this am but when i get home ill post what other unions contracts say in the town and what i want ours to say

thanks for everyone time i truly appreciate it.if you have any plumbing issue questions i can help

 

[ackgray]

11.1 All permanent employees shall be entitled to vacation each year on the following basis.
Length of service VACATION ALLOWANCE

After 1 year, but less than 5 years =10 workdays at .833 days per month

After 5 years, but less than 10 years =15 work days at 1.25 days per month

After 10 years but less than 20 years =20 work days at 2.08 days per month

After 20 years =25 work days at 2.08 days per month



11.1 Vacation leave earned shall be computed from the date of employment with the town However, an employee shall not be entitled to vacation leave until the completion one (1) year of continuous service with the XXXXXXXXXXXXXX .After said year of continuous service employees shall be Granted two (2) weeks vacation with vacation pay at their regular straight time hourly rate of pay (80) hours by the Department Head at such time as in his/her opinion will cause the least interference with the performance of his/her regular work.. Such leave is earned and credited at .833 days per month for accounting purposes.
Wording in bold is currently written in contract I would like to correct article 11.1 to what is in normal font while keeping progressive chart included
Im a plumber so my writting skills are pretty bad
Thanks David

 

[pattytx]

Is this the exact wording of YOUR current contract? Or someone else's?

 

[ackgray]

Hi Patty BOLD is what is currently what is written in my contract.
The new Article 11.1 is a combination of two other local unions contracts that are in effect currently

I'm sorry this is exactly what is written in my contract not ETC

11.2 Anniversary Date of employment
Year of employment for vacations shall be based upon the anniversary date the employee was hired as a regular full-time employee,excluding all service worked as a seasonal,emergency and/or part-time employee,and all service that has not been continuous.The Anniversary date of any employee who leaves the department for other work and is later rehired as a regular full-time employee,shall commence as of the new date of hire.Anniversary year shall continue each succeeding year thereafter,providing service remains continuous.

 

[pattytx]

Sorry, but the way I read that bolded cite is the way I would interpret it if I were administering this policy.

Upon reading this again, I think that it could, in fact, be interpreted that the earning (or accrual) of vacation does not begin until AFTER year one.

The problem I think you're going to have going back is that, if the policy has been administered in the manner you describe for five years now, a precedent has been set that this interpretation was, in fact, what was intended. If it was not, it should have been grieved much sooner. If it was not grieved until now, the assumption of the city is probably that there was no argument about the details of the plan.

What you would want to do in a new contract is separate the EARNING of vacation time from the TAKING of vacation time. Reviewing of other contracts will also be to your negotiating advantage.

For example:
Vacation shall be earned as follows:
(whatever you decide)

Paid vacation may be taken after XX months of service, to the extent that such vacation time has been earned under this policy, subject to the discretion of the employee's manager. Vacation requests, either paid or unpaid, may be denied if the employee's manager deems that city services would be unduly interrupted.


Under no circumstances will vacation time be paid in excess of the amount legitimately earned and available.

I would note that this last sentence is very important. It's VERY hard to get such pay back if the employee quits before he can build his vacation balance back up to a positive number.