Overtime Must Be Used to Replace Short-Notice Absentee

March 1970
Labor Law Journal;Mar70, Vol. 21 Issue 3, p190
Academic Journal
This article focuses on a case regarding the use of overtime as a replacement for short notice of absence. When an employee gave less than 24 hours notice that he would not be available for his regular shift, the company, instead of holding over the employee in the same job from an earlier shift, or calling in the one from the next shift, simply assigned an employee to do the work on a straight-time basis. The company, responding to the union's contention that it bad no right to do this, asserted that it did, in fact, have the right to determine when overtime was available. The flaw in this argument was that the company bad negotiated away this right by agreeing to drop the phrase when necessary from the overtime provision. Since the provision required that holdover or call-in be used to replace employees who gave short notice of absence, the employee who should have been assigned the work was to be compensated.


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