Clarification on what Metro Officially Closing Means

[Christopher Jerry]

Hot topic in my office.

If Metro officially is closed for business for administrative and non-operational employees, yet a person made it in to work anyway, but their office was locked, or because of the office being closed, there was nothing to do....

A) Is Metro obligated to pay you for that day since you made it in, or can they say because they were officially "closed" the worker should not have come in?

B) Can Metro take the position that the person must use their vacation pay for that day off or its a day off without pay?

This is a e-mail sent out yesterday to all employees clarifying how pay is to be recorded. Similar e-mails were sent out every day this week clarifying if Metro would be open for business or not. Because it was NOT specifically addressed to, or referenced non represented employees only, and therefore didn't exclude Local 689, Local 922, or Local 2 employees, how would one know if the e-mail was addressing ALL employees or not?

From: Ballard, Khalilah
Sent: Thursday, February 11, 2010 3:49 PM
To: Ballard, Khalilah
Subject: Metro Resumes Regular Business Hours on Friday, 2/12

Hello,

Metro will resume regular business hours on Friday, February 12 for all employees.   However administrative/ non-operations personnel may use "Unscheduled Annual Leave" pursuant to P/I 7.8/3 Reporting Procedures During Inclement Weather.  If you choose to use unscheduled leave, it is your responsibility to notify your supervisor accordingly as soon as possible.  P/I 7.8.3 is attached for your reference.

Below you’ll find clarification regarding how your time should be recorded for the week of 2/8 – 2/12/10.

.         Monday, 2/8 – Paid Administrative Leave for all administrative/non-operations personnel

 ·        Tuesday, 2/9 – Liberal Leave (i.e. annual leave or compensatory leave) for all administrative/non-operations personnel

 ·        Wednesday, 2/10 - Paid Administrative Leave for all administrative/non-operations personnel

 ·        Thursday, 2/11 - Paid Administrative Leave for all administrative/non-operations personnel

 ·        Friday, 2/12 - Liberal Leave (i.e. annual leave or compensatory leave) for all administrative/non-operations personnel

 Additional employee updates will be made available as the weather situation dictates.  Employees may also call the Employee Weather Hotline at (202)962-1789 for updates or check Metro's internet homepage at  www.wmata.com under the "News" section.

Delecia Sampson

Chief Human Resources Officer

Washington Metropolitan Area Transit Authority

(202) 962-1844 phone

(202) 870-2427 mobile

(202) 962-6250 fax

dsam...@wmata.com

So the back to the original question. If news reports, online postings, telephone messages, and e-mails said Metro was closed to all except operational employees, can Metro declare if employees want to get their full 40 hour pay week, they must use any vacation leave they have.

Thanks for any answers Local 689 can provide because if Pennsy Drive this morning is any indication, answers are all over the place.

Christopher Jerry

[jacki...@atulocal689.org]

It seems from the e-mail that was sent out the process explained itself.

Khaliah Ballards e-mail was addressed to all administrative/non-operations personnel.

The e-mal spelled out which days would be considered paid leave and Liberal leave. It also stated that on leberal leave days you could use your leave. Specifically which days are you referring too? What is the difference in pay?

Regardless of what the authority says or does you can file a grievance if you don't agree.
Jackie Jeter

------Original Message------
From: Christopher Jerry
Sender: atu-lo...@googlegroups.com
To: ATU Local 689
Sent: Feb 12, 2010 9:11 AM
Subject: [Local 689] Clarification on what Metro Officially Closing Means

Hot topic in my office.

If Metro officially is closed for business for administrative and non-operational employees, yet a person made it in to work anyway, but their office was locked, or because of the office being closed, there was nothing to do....

A) Is Metro obligated to pay you for that day since you made it in, or can they say because they were officially "closed" the worker should not have come in?

B) Can Metro take the position that the person must use their vacation pay for that day off or its a day off without pay?

This is a e-mail sent out yesterday to all employees clarifying how pay is to be recorded. Similar e-mails were sent out every day this week clarifying if Metro would be open for business or not. Because it was NOT specifically addressed to, or referenced non represented employees only, and therefore didn't exclude Local 689, Local 922, or Local 2 employees, how would one know if the e-mail was addressing ALL employees or not?

From: Ballard, Khalilah
Sent: Thursday, February 11, 2010 3:49 PM
To: Ballard, Khalilah
Subject: Metro Resumes Regular Business Hours on Friday, 2/12
Hello,

Metro will resume regular business hours on Friday, February 12 for all employees.   However administrative/ non-operations personnel may use "Unscheduled Annual Leave" pursuant to P/I 7.8/3 Reporting Procedures During Inclement Weather.  If you choose to use unscheduled leave, it is your responsibility to notify your supervisor accordingly as soon as possible.  P/I 7.8.3 is attached for your reference.

Below you’ll find clarification regarding how your time should be recorded for the week of 2/8 – 2/12/10.

.         Monday, 2/8 – Paid Administrative Leave for all administrative/non-operations personnel

 ·        Tuesday, 2/9 – Liberal Leave (i.e. annual leave or compensatory leave) for all administrative/non-operations personnel

 ·        Wednesday, 2/10 - Paid Administrative Leave for all administrative/non-operations personnel

 ·        Thursday, 2/11 - Paid Administrative Leave for all administrative/non-operations personnel

 ·        Friday, 2/12 - Liberal Leave (i.e. annual leave or compensatory leave) for all administrative/non-operations personnel

 Additional employee updates will be made available as the weather situation dictates.  Employees may also call the Employee Weather Hotline at (202)962-1789 for updates or check Metro's internet homepage at  www.wmata.com <http://www.wmata.com> under the "News" section.

Delecia Sampson

Chief Human Resources Officer
Washington Metropolitan Area Transit Authority
(202) 962-1844 phone
(202) 870-2427 mobile
(202) 962-6250 fax

dsam...@wmata.com <mailto:dsam...@wmata.com>

So the back to the original question. If news reports, online postings, telephone messages, and e-mails said Metro was closed to all except operational employees, can Metro declare if employees want to get their full 40 hour pay week, they must use any vacation leave they have.

Thanks for any answers Local 689 can provide because if Pennsy Drive this morning is any indication, answers are all over the place.

Christopher Jerry
--
www.atulocal689.org
 
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[Christopher Jerry]

I agree the process should explain it but I guess it depends on who is interpreting what it means. So that is why I am seeking the unions position. 

As I read it, I would think ALL employees, union or non union, would be given administrative leave and therefore would be paid if they didn't come in because their office is closed and administrative and non-operational employees were told not to report . I also heard that interpretation from someone else at Superintendent level(though not in my department)

On the other hand, the Maintenance Clerk who takes care of our time in People Soft, Phil Miller, said he called the union hall this morning, and talked to J.J.(I assume he meant Nixon) who said it didn't apply to 689 and anyone who is union would need to use our vacation time to get paid.

As it relates specifically to me, I didn't come in Monday, which Metro closed and I couldn't have made it in anyway.

Tuesday Metro was open and I got in albeit late. No problem though. I was paid for 8 even though I wasn't in the whole 8. However I was told that if Metro was closed on Wednesday put in a single day slip just in case a "issue" comes up.  Apparently the "issue" as it was explained to me, Gene Garzone, General Superintendent of Railcar Maintenance, ordered more than one Rail Maintenance Clerk in the field locations to be written up as AWOL for not coming in to work on Sunday or Monday. I was told by the manager of my section, Jimmie Terry, that he heard "Jeter"(didn't say which one) was called about it and was working on it.  Because these RMC's in field have the identical job classification as three of us at Pennsy---though they do not do the same thing---it was suggested that to prevent a AWOL charge coming up against us, just Metro(Garzone) was holding to the AWOL position, that we at least have a single day vacation slip on file for Wednesday.

Well Wednesday Metro closed and except for the manager of the section, no one in local 689, local 2, or non-rep, came in. 

Thursday system, was closed again. This time despite the same e-mail from Khalilah Ballard, that Metro would be closed for all administrative and non-operational employees, I came in anyway. Worked the whole day. Again no big deal. I was able to help a few folks with Maximo issues out in the field despite being one of just two in the office to come in. Even the manager didn't make it in on Thursday.

My concern is this. If there are provisions under administrative leave to pay all employees, regardless of bargaining unit, because Metro was closed, I would rather NOT have to use TWO of my single day vacation days for the pay. And not just me, I don't think ANY employee should have to use their personal leave if Metro says they are closed. If an employee can make it to their work location why should they be forced to use their vacation leave if Metro has authorized Administrative Leave to be used for the pay? 

Unfortunately, the person who put out e-mail each of the last four days, Khalilah Ballard,  about Metro being closed or not, or the person whose sigfile is part of the e-mail, Delecia Sampson, have not responded to any e-mail replies I have sent them since Monday.

I was hoping for some clarity from the union given that J.J.(union) seems to have said something indicating 689 employees are forced to use their annual leave, while a Superintendent (going to keep him nameless) has said that Metro would pay us without having to use our leave.

I've asked a few people in this building over different departments and believe it or not, I've gotten four or five different answers.

Christopher Jerry

"Remember that not getting what you want is sometimes a wonderful stroke of luck."
- Dalai Lama