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My Employer Is Trying To Change My Shift After Two Years.

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kdub318 | 21:35 Fri 29th Mar 2013 | Law
18 Answers
I work at a prison that has four 12 hour shifts, A B C and D. A and B are the two day shifts. C and D are the two night shifts. I work on D shift. My girlfriend also works on D shift. This is frowned upon but not against the rules. I got a call today saying that I was moving to C shift. If I move, either me or my girlfriend has to quit. This is not desirable. They are moving a few people to various shifts but I have been on D card for 2 years! There are plenty of new people that have just begun working on D card and very few people that have been on this shift as long as me. I have tried talking to my supervisors but they are adamant that I switch shifts. I have been informed this is to "even out numbers on the shifts." I am thinking they want to put me on a different shift as my girlfriend. If so, I would think that they would at least put me on B shift so we are at least off the same days. I got a call today, 3/29/2013. They want me to move on 4/8/2013 My question: Can they just up and move me to a different shift when I should have at least a little bit of seniority?
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My contract of employment, for shift working, always included the words, "and any other reasonable shift rota, as required by the employer". No-one ever defined what reasonable was. I would guess yours is something similar but it's worth checking.
21:45 Fri 29th Mar 2013
Does your contract make any reference to flexibility and shifts?
I am not sure why you or your girlfriend would have to quit if your shift changes
I think they can change your shifts as they require, however they do need to give you notice to change the shifts, usually 30 days notice I think, is it covered in your contract?
Hi there. I do not know the answer but are you not a member of POA?
Question Author
My girlfriend would have to quit because we would be working opposite days and never see each other. And whether its a 30 day notice or not I could care less. Its the fact that they have many many many other people who could switch and I have never switched shifts before, I am comfortable where I am.
Which country are you in ? ....your date format suggests the USA ....
Question Author
I am not familiar of POA.
My contract of employment, for shift working, always included the words, "and any other reasonable shift rota, as required by the employer".
No-one ever defined what reasonable was.
I would guess yours is something similar but it's worth checking.
Question Author
USA
Is this an early 4/01 thing?
Maybe the 'many other people' you say could move all feel the same as you. Ideally an employer would do this using volunteers but sometimes it just isn't possible. I think you should be given notice but I think it's likely they can enforce the move.
Ah ok, POA is the UK Prison Officers Union
LOS...prison officers association.....don't you have a trade union there that can help you ?
Question Author
Theres no union here for corrections. I guess I'm just screwed.
Or do you have some kind of staff welfare officer ?
Question Author
We have a human resource manager, but the one doing the moving is the Assistant Warden with the Captain backing him and probably the Warden as well.
This is a UK site, try a USA site for more accurate advice.
Kdub - none of us here know US employment law - which varies from state to state doesnt it ? It also depends on your own contract - I would be frankly surprised if your contract was to work Shift A (or whichever) for ever [until you sort of drop] or even that you could select which shift but they couldnt.

In the Health Service here, various shift patterns exist and the staff just have to do what they are assigned.

In the eighties, the prison officers here certainly had varying shifts but they have always been highly unionised (here) hence the mention of the POA - prison officers' association.


so we basically all think that you should go on a US q and A site. and good luck.

PP
I agree with others, you're better asking on a US site - but here, shift allocations wouldn't be influenced by your personal life, you are paid to do the job which the employer wants you to do, when they want you to do it.

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