eZone   AFSCME Local 328
 4006 Barbur Blvd, Portland, OR 97239

Frequently Asked Questions - Layoff Questions

The managers of our department cut our rehab aide's hous from 8hrs to 5 hrs with no notice. Are they allowed to do this? She doesn't see patients so her schedule is not affected by census (although our census is actually really high today) and she was signed up to assist with therapists the whole afternoon.

Management is allowed to "curtail" the hours worked by employees.  The contract does limit the way it works and the number of hours that can be cut.  This is what the contract says. 

19.10    Shift Curtailment and Cancellation.  A shift curtailment or cancellation may occur because of lack of work or unexpected or unusual reasons.  A shift curtailment occurs when an employee does not work a portion of his or her scheduled shift.  A shift cancellation occurs when an employee does not work any portion of the scheduled shift.
19.10.1    Order of curtailment/cancellation.  Shift curtailment or cancellation shall take place in the affected work unit in the following order:
a.    Employees receiving overtime or other premium pay (consistent with the Employer’s right to assign and cancel overtime or premium pay)
b.    Employees who volunteer
c.    Temporary employees
d.    Employees working beyond their FTE requirement for the week
e.    Flex staff
f.    Relief employees
g.    Other regular employees in inverse order of seniority
Managers and employees in the same work unit are encouraged to utilize the consensus process to develop a different or supplemental order of curtailment or cancellation which best suits the needs and demands of their work unit.
19.10.2    Notice of shift cancellation or curtailment at beginning of shift.  An employee shall be given notice of shift cancellation, or of shift curtailment at the beginning of the shift, a minimum of two (2) hours prior to the scheduled start time of the shift.
19.10.3    Annual cap.  Hours curtailed or cancelled shall not exceed one hundred and twenty (120) hours per employee in any calendar year.  These hours shall be prorated for part-time employees based on their established FTE.  Hours curtailed or canceled when receiving overtime or other premium pay or when working beyond the employee’s FTE requirement (per categories a and d of Section 19.9.1 above) shall not count toward an employee’s annual cap.
19.10.4    Compensation and benefit accruals.  An employee may elect to use accrued vacation or compensatory time for curtailed and cancelled hours.  Seniority and other accrued benefits will accrue on all curtailed and canceled hours regardless of whether the employee elects to use paid time off benefits.
19.10.5    Lack of work on holidays.  If a department anticipates a lack of work on or around a holiday, it shall make a reasonable effort to notify employees at least twenty-eight (28) days prior to the holiday.  When there is a general closing of a department for a day, on or around a holiday, the Employer will not be expected to grant the right to work to any employee in that department on that day.  At the discretion of the immediate supervisor, an employee may make up the time, provided it is in the same workweek or extended work period and the work does not result in overtime or premium pay.

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