Legal Question in Employment Law in Pennsylvania

I work for a company that requires us to work a lot of overtime which is not a problem. Because of this requirement there is a list of employees that is used to call employees in for overtime when it is needed. Our contract states that the management must use this list when calling in employees, thus the correct person is used for overtime opportunities. We currently work two shifts, first and second. The management consistently tries to get the second shift employees to stay past their eight hour shift (in violation of our contract) so that they do not have to call out the first shift employees. Calling in the proper person off the list may result in the company having to pay the first shift employee while they are off work (a payed rest period that is also built into our contract). The company is threatening to implement a third shift if the second shift continues to go home on time. The company continually states that unless we break our contract (using the wrong person for overtime) they will implement this shift. Is this legal? Can they legally retaliate like this for us not breaking our contract?


Asked on 7/23/09, 9:24 am

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

It sounds to me as if you are a union member. There should be a grievance procedure outlined in your contract. This may ultimately have to go to arbitration.

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Answered on 7/30/09, 11:34 am


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