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My employer is a government agency with a union ...

Sent to Legal Experts November 23 2007 at 1:10 PM
   

My employer is a government agency with a union contract. I made a vacation request per the contract last January for December 31 of this year. The request was approved at the time of request. I contend the request is no longer a request once an approval is received. The agency has cancelled my vacation citing that a request is revocable up to 12 hours in advance of the vacation. They can cancel a request as per the union contract. I contend approval of the request makes it such that it is no longer a request. The request no longer exists. What do you think?

 

Optional Information:
Lakewood, Washington

Already Tried:
Filing a greivance with my guild.

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
November 23 2007 at 1:22 PM (12 minutes and 35 seconds later)
         
ACCEPTEDCheck Mark
Hello,

Your first step in filing a grievance with your guild was the proper step.

I have seen this issue before, and it honestly comes down to the CBA. A request that has been approved for which you have relied on is a new element to your employment contract.

However I have seen CBA's that allow for rescission of approved vacation requests, with double time and a half, or some other form of restitution but always with at least 2 weeks notice, so plans can change etc. Never with 12 hours notice.

If there is no restitution, and there is a play on the word "request", you are correct insofar as request is a unilateral "question". An approval is an "agreement". Agreements can only be rescinded under the terms provided. If your CBA has terms governing how these "agreements" can be terminated, those terms by the nature of you being employed there would form part of the agreement.

If you have the approval in writing, I would say you are in an excellent position to keep your vacation.

If this helps please click ACCEPT.

Regards

If this helps in any way please CLICK ACCEPT. The question will not close, and you may follow up if needed.

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Reply
November 23 2007 at 1:30 PM (8 minutes and 12 seconds later)
         
Here is an actual copy of my grievance letter based on this information would your response be different

This is a letter of grievance regarding cancellation of my approved vacation request for December 31, 2007. This request was confirmed January 1, 2007 at 17:04. November 6th I learned that my vacation has been cancelled due to Sherrie Hoth moving to C shift. Sherrie has first choice vacation December 9th - December 31st. I have first choice vacation December 23rd - December 26th. I have been advised that since December 31st is not part of my first choice vacation it is not being honored.

I am being forced to sacrifice approved vacation time due to staffing changes that were completely out of my control. I did not create the vacancy. I did not move to another shift. There was nothing that I could have done differently to ensure that time off. I earned, submitted a request and was approved for December 31st as first person off.

I have been referred to articles 9.3 and 9.4.2. I strongly disagree with them. These articles do not apply. There is no wording that specifically addresses a shift re-assignment and how it can impact the current shift members. Based on these articles an employee would never be able to make definite personal plans without risk of cancellation, even if the request is approved. This is being treated as a second off request which is not approved unless there is adequate staffing. In this case, my vacation was already approved which means it is no longer a request.    

This is the wording of the article that my employer is referring to: One employee from each shift shall be permitted to be on vacation leave except when a “K Day” of another employee is scheduled from that shift. Additional requests for vacation leave shall be permitted as long as the number of employees scheduled for duty does not fall below the District’s requirements. These additional request are revocable by the District up to 12 hours prior to the requested vacation leave if shift strength is likely to fall below District requirements. In the event…”
Customer (name blocked for privacy)
Answer
November 23 2007 at 1:40 PM (9 minutes and 46 seconds later)
         
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