You Be the Judge

[Turkeytop]

Grievor

Female age 37

Seniority - 9 years

Job Title - Engraver

Rate of pay - $19.85/hr

Employee Record - Excellent

Nature of Grievance - Improper pay for bereavement leave


The Company

Employs about 200 people at its plant in a small Ontario town where they manufacture fire alarm and security monitoring equipment.

The collective agreement provides 3 days paid bereavement leave for a death in the immediate family. Immediate family is defined as including mother, father, sibling, spouse and children.

The agreement further provides one day paid bereavement leave for the death of a grandparent.

The grievor had been raised since birth by her grandparents but never legally adopted by them. The relationship was just like a child/ parent relationship.

When she learned of the death of her grandmother, she requested three days bereavement leave. She was told she was only entitled to one day. The granparent's home, the one in which she had grown up, was over 200 miles away. She couldn't attend the funeral and be back to work the next day.

The Company told her to take three days, if she needed it, but she would only get paid for 1 day. The other 2 days would be treated as an excused absence.

She took 3 days and after returning to work she filed a grievance asking to be paid for 3 days.

Does the grievance succeed?

[Round Six]

This seems like a clear cut NO to me.
The agreement says grandparents are one day. Let me take a guess that's in writing.

Who raised her, and how far away the funeral may be, is not a factor. Based upon what you have shared, I just cannot see her winning the grievance.

[Matt]

Oxshort is right, but that's a shitty policy.

[Turkeytop]

Three facts that aren't at all relevant to the grievance.

1 -She was hot looking.

2 - She was deeply religious.

3 - She once confided to me that she had been admonished by her Pastor for wearing her dresses too short.

[kager]

She can ask, but that's it.

Otherwise. it's a snowflake case.

[Turkeytop]

This wasn't a strong case, but I wanted to give it my best shot.

The best shot would be to meet with the employer and appeal to their sense of fairness. After all, she was one of their best employees.

[zzand]

While I see where she is coming from, my guess is that it fails.

[Rate This]

Isn’t there some sort of personal time she can take to fill in the gap? If not why not?

[Round Six]

This wasn't a strong case, but I wanted to give it my best shot.

The best shot would be to meet with the employer and appeal to their sense of fairness. After all, she was one of their best employees.

The company gave her two days off with permission. Seems that's fair to me.
I'm sure you're going to say you have to go thru the motions. I think you should set your grievant down and tell her it is what it is.

The company isn't going to pay her beyond what the agreement dictates. It opens up a can of worms. If the company says yes, what's your next grievance going to be for? Paid funeral leaves for best friends? The family dog?

Once the word gets out the company paid her, you know others are going to try to push it as far as they can.

[audiophile]

Or they make grandparents three days for everyone.

[Round Six]

Or they make grandparents three days for everyone.

For awhile I was in the same union as Turkey, but in the states. (1299).

I seem to think what you are saying is how it was for us.
3 paid days for what I'll call direct descendents. Kid, grandkid, great grandkid. And the other way. Parent, grandparents, great grandparents, etc.
And 5 paid days for spouse.

But as far as the topic of this thread, I think the company was already fair by giving two days with permission. It really shouldn't be grieved to begin with. But I know as a rep, Turkey has to "do the dance" when asked by a member.

[Turkeytop]

So, we had a meeting with the management. I told the HR lady that a grandmother is just a mother with more seniority, That got a chuckle but din't change her mind.

After some discussion, we agreed that we would put the issue of bereavement leave entitlement on the table the next time we bargain the contract.

Meanwhile, due to the unusual circumstances for this grievor, and in recognition of her excellent employment record, the Company agreed to pay her for the 3 days. They made the payment without prejudice to any other matter that might arise between the parties.

[Rate This]

So, we had a meeting with the management. I told the HR lady that a grandmother is just a mother with more seniority, That got a chuckle but din't change her mind.

After some discussion, we agreed that we would put the issue of bereavement leave entitlement on the table the next time we bargain the contract.

Meanwhile, due to the unusual circumstances for this grievor, and in recognition of her excellent employment record, the Company agreed to pay her for the 3 days. They made the payment without prejudice to any other matter that might arise between the parties.

Was there any sort of Vacation or other PTO time she could apply to the other two days? That’s what I would have done if available and this wouldn’t be a conversation…

[Round Six]

I'm glad she got paid.
But surprised the company opened that door.

[Turkeytop]

I'm glad she got paid.
But surprised the company opened that door.

They're a pretty decent Employer