Can I do anything ?

[sbhoney]

I need some help ? I wa employed by a company for 8 years which was bought by a new company 2 years ago. My problem is that at my workplace there are 3 job classifications, Lead Operator, Operator and utility operator. The there are no real job discriptions so it is not real clear what those positions mean. I have been in the Operators classification which required me to fill in for an Operator when he called out or took vacations or disability, whether it was on first or second shift. The rest of the time I was just a helper on first shift. I have been working like this for the past 5 years. The two lead operators are brothers and they agreed from the beginning to rotate shifts between the two of them now one of them does not want to rotate any longer. So the owners that bought our company two years ago now want to force me to take the Lead operator position which I do not want and they want me to start on a permanent rotation on night with the two lead operators. No one else in our plant rotates. We are a union plant and it states you have to ask to be demoted within three months of taking on a position which I have tried. At that time they convinced me to stay on as an operator so that the two brothers would be able to take vacations so I did. Now it seems as though if I do not agree to rotate they are going to put me on the schedule to do so anyway and if I do not show up they said it will mean I quit. I really cant go to the Union Rep because he pretty much doesn't help us with anything. I think he is intimidated by our boss. There is one more thing. My wife works in the office as part of the management team and our boss keeps making wise comments to her about the situation. It is almost like he is saying things to come an tell me so that I get scared they will fire me, but they have made it clear that they will say I quit for not showing up on the second shift. Any ideas of what I can do.

[Eagle]

If your union rep is not helping you then you need to go above him. Your employment is most likely governed by a collective bargaining agreement and that document may contain provisions that will help you. You don't pay union dues so the union bosses can drive around in brand new Lincoln Town cars - they have a legal duty to represent your employment intertests. Call the top guy in the union if you have to and let him have it. Tell him to get off his ass and help you in this matter.

[sbhoney]

Most of the time our Union Rep goes with what the company wants and tells us we are lucky to have a job in the economy. Our contract states it will be dicided what shift you work on will be based on your siniority in the job classification. My only problem is that I am the only one in my job classification since no one else wants it because the see the hell I go threw from the bosses and the lead operators. Now after 5 years they want to say that my classification has to rotate like the lead operatos but the utility operators do not.

[Eagle]

Well, it sounds like the contract allows the company to assign people to any shift they want to. If that is the case then you are SOL. However, I would still contact the someone at the union's main or regional office. Speak to someone who know New Jersey labor law. The rep you speak about most likely does not know anything about labor law or union regulations. He just doesn't care about you situation.

Also, your wife may have a harrasment claim against the boss who is making smart ass comments to her. You wife should keep a record of what is said to her. If anything profane, threatening or inappropriate is said then she may have a lawsuit against the company.

[sbhoney]

Thanks alot for your advise. I will contact my union rep and see what he is willing to do. As far as my wife goes, he went into her office and closed the door and said that this is hard on him and he likes me since I am a key employee to the company but he is god daXX tired of the employees trying to run the company, another time she was faxing a purchase order and he was ready to leave and he said he was leaving to have an exit meeting with another employee he had because he had to fire him because he did not want to work nights, and the following day he called her several times and on the last phone call of the day asked if I had changed my mind and she said no did you think he would and he so hmm as though he expected what he said the day before would make me think he was going to fire me and also give us something to think about over the weekend. He is always using fowl language in the office. I will tell her to document everything from here on out since I think it is only going to get worse for her.