Issuing the "RCAs only work x amount of consecutive days" policy/rule results in two issues:
1) What to dispute when management has discretionary authority to refuse to schedule.
2) What to dispute when management does not have discretionary authority to refuse to schedule.
The rule is basically a directive from district management to local management to exercise discretionary authority provisions by choosing to
not schedule RCAs whenever the option exists,
every time.
At face, the rule also extends to grant management discretionary authority where none exists. The breach occurs when management utilizes this imaginary rule
as though it were legit. (Technically the instant of the breach is when the order is issued, regardless of its execution, but that's an unnecessary tangent)
In the
first scenario, the union has no argument because management broke no rule. If management's poor discretion causes failures, the prime issue for the failure wouldn't
necessarily be due to the referenced rule, though the rule would be an aggravating circumstance of the case.
Local could stay within the confines of the rule through 30.2.Q (Additional Duties [for Leave Replacements]). If this were not possible, I'd guess management could bring a regular on their relief day and have a leave replacement strictly assist with the surplus workload. An RCA that exceeds 12 workhours to make that happen though is a grievance of a separate issue.
In the
second scenario, management would damage RCAs expectancy by not working a carrier who is entitled to workhours. Simply put, grievance =
Whether local management can avoid failures within the confines of the "RCAs only work x amount of consecutive days" rule is between local and district management.
You're presuming your conclusion (massive failures) is absolute and the reason behind these absolute failures will be "insufficient employees to process the workload."
I don't know whether they would exchange failures for an overtime bill. My position was misunderstood as I can't argue that they will
or won't make that exchange.
I can argue that if they do, it will likely be because they are following the POOMs order to
not schedule employees to process that workload (likely rolling their eyes the entire time). The end result could be an uncomfortable discussion between the POOM and Area management.
As far as it being "weird", yes, a lot of weird happens. I've had passing management explain to me the insanity of the business at times. Even though it would sometimes be cheaper to use the RDWL than use multiple straight-time RCAs to cover a route, a DACA 5 is a beacon on a report, so they would pay more money to RCAs just to dodge discipline for a DACA 5. Though their methods are sometimes weird, a manager must never question.
"Past practice" defenses are easily flushed by educated managers, and local practices are not precident-setting. If
precedent is what you seek, you could try pressing for it at step 2:
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I doubt you'd get it though because the origin rule (RCAs only work x amount of consecutive days) produces the conflicts referenced above. The rule's foundation is bad. A precident can't be built on a breaching foundation. If it could, then District-level settlements could control National-level agreements. This job is sometimes stranger than fiction though so who knows.
I'm cheering you on
@Mark Oliver .
It sounds like a frustrating situation indeed.
I don't know the effectiveness of these guys, but it's something to consider.
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