Resorts World Contract Summary: 6. Working Conditions
1. REGULAR WORKING HOURS
The regular work day for all employees will be 7 hours per day and 35 hours per week, to be worked over 5 consecutive days, if possible. This means that management cannot reduce the hours for an entire classification in order to cut take home pay and slash benefit eligibility. Employees are entitled to a 1 hour break for lunch, 1/2 hour of which is paid.
2. SCHEDULING RIGHTS
Under this contract, management must post work schedules at least 7 calendar days prior to the beginning of the work week. Once posted, the schedule cannot be changed and the Union is expressly empowered to challenge any changes to schedules and working hours as abusive. These new scheduling rights will greatly improve workers’ quality of life and provide for an opportunity to plan ahead.
3. CALL-IN PAY
This important provision requires that any employee called in to work be offered, at minimum, a full regularly scheduled day’s work. This protects against employees spending time and money to get to work (commuting costs or babysitting expenses) only to be offered a few hours of work and then sent home. Now, workers can rest assured that their take home pay will no longer be reduced at management’s whim.
4. BREAKS AND PAID MEAL PERIOD
Employees are entitled to a 1 hour lunch period per shift, 30 minutes of which will now be paid even though it is non-work time. Employees who work more than 10 hours in any shift will also receive an additional unpaid 30 minute break.
Resorts World can no longer make employees pay for their meals. Now, employees are entitled to 1 wholesome and varied meal each shift that is free of charge.
6. ON-CALL DURING LUNCH
Now, when an employee is on-call during his/her lunch period, that time will be considered working time and s/he must be paid for that time as though s/he were working, typically at the overtime rate.
For the Banquet Department, the arbitrator has instructed the parties to continue negotiating. Failing resolution, the Union can submit any unresolved issues to arbitration on or after April 18, 2014.
8. DIGNITY AND RESPECT
The foremost right of all union-represented employees is the right to be treated with dignity and respect at work. This article specifically prohibits managerial harassment and abuse of employees in any way and requires that managers treat employees with the professionalism and respect to which they are entitled.
9. COMBINATION JOB PAY
If management assigns an employee to perform work in a higher paid classification, that employee must be paid at the higher rate for the entire shift. And if an employee is assigned to perform work in a higher paid classification for more than 2 shifts in any week, s/he must be paid the higher rate for the entire week. This protects each classification’s work and prevents management from trying to cut staff by assigning a lesser paid person to perform the work of a higher paid classification.
Under this provision, Resorts World must pay for the cost of any licenses employees are required to obtain. If an employee needs to take a class or attend similar meetings in order to maintain his/her license(s), that time will be considered paid working time. Tipped employees will be paid the benefit day rate (twice their hourly wage, including night shift differential and part-time premium pay) for all time spent in required training.
11. NECESSARY SUPPLIES AND EQUIPMENT
Resorts World must provide all employees with the necessary supplies and equipment to perform their jobs in a timely, safe, efficient, and effective manner. No employee may be disciplined as a result of management’s failure to fulfill this obligation.
12. SAFETY AND HEALTH
This important contract provision greatly increases employees’ legal rights to a safe and healthy workplace. It requires Resorts World to make repairs to the facility as needed to eliminate health or safety hazards, to provide proper ventilation and air temperature; and to furnish employees with any necessary personal protective equipment. Employees even have the right to refuse unreasonably unsafe assignments after notifying management of the perceived unsafe condition. Under the new grievance and arbitration provisions of the contract, the union will have the power to enforce these rights quickly and effectively. All these contractual rights go far beyond the protections employees would otherwise enjoy under the law alone.
13. NO UNLAWFUL ASSIGNMENTS
The contract now prohibits management from asking an employee to do anything that would create a violation of any law. No employee can be disciplined for refusing to comply with a manager’s unlawful direction.
14. NO DISCRIMINATION
This provision ensures that no employee is discriminated against based on his/her gender, age, race, creed, color, religion, national origin, citizenship, marital or parental status, sexual orientation, gender identity or expression, personal political beliefs or associations, immigration status, lawful off-duty activity, disability, veteran status, membership in the Union or participation in protected concerted activity or any other trait protected under either federal, state or local law. This right is also enforceable under the powerful grievance and arbitration provision contained in the contract.