1181 Drivers Forum

DRIVERS' ROOM => Work Related => Topic started by: Squid on July 01, 2013, 02:35:33 PM

Title: NYC Mandatory Paid Sick Leave Law
Post by: Squid on July 01, 2013, 02:35:33 PM
Five days paid sick leave is the law in NY, starting 4/1/2014. Does this apply to us? If not,why not..... Buzz, you have any insight on this?
Title: Re: NYC Mandatory Paid Sick Leave Law
Post by: rc1790 on July 01, 2013, 03:55:31 PM
It takes effect on April Fools day. I'll believe it when I see it. Lol
Title: Re: NYC Mandatory Paid Sick Leave Law
Post by: faceit on July 01, 2013, 06:28:41 PM
well if the impass is still in effect why not? there is no collective bargining agreement in that case so we should get the sick days. ( and we should all call out sick 4/2/14... make the little prick sweat
Title: Re: NYC Mandatory Paid Sick Leave Law
Post by: Eucerin on July 01, 2013, 07:37:51 PM
Bloomy said he would veto it if it gets as far as his office
Title: Re: NYC Mandatory Paid Sick Leave Law
Post by: mirrorcheck on July 02, 2013, 01:31:10 AM
Bloomy did say that. Council has enough votes to override him.
Title: Re: NYC Mandatory Paid Sick Leave Law
Post by: Buzz on July 02, 2013, 03:54:49 AM
Quote from: Squid on July 01, 2013, 02:35:33 PM
Five days paid sick leave is the law in NY, starting 4/1/2014. Does this apply to us? If not,why not..... Buzz, you have any insight on this?

Yes ... doesn't apply to collective bargaining agreements ... so, no ... not us.
Title: Re: NYC Mandatory Paid Sick Leave Law
Post by: Rock Steady on July 02, 2013, 09:45:39 PM
Honestly, there was no bargaining on this contract, it was IMPOSED.  So, technically, we are entitled the was I see it.  So,GO GET EM' 1181 !!!.
Title: Re: NYC Mandatory Paid Sick Leave Law
Post by: Squid on July 03, 2013, 03:33:07 AM
Quote from: Buzz on July 02, 2013, 03:54:49 AM
Quote from: Squid on July 01, 2013, 02:35:33 PM
Five days paid sick leave is the law in NY, starting 4/1/2014. Does this apply to us? If not,why not..... Buzz, you have any insight on this?

Yes ... doesn't apply to collective bargaining agreements ... so, no ... not us.

Buzz, here is the text of the law as it applies to collective bargaining agreements...

k.  Collective bargaining agreements.  (1) The provisions of this section shall not apply to any employee covered by a bona fide collective bargaining agreement if (i) such provisions are expressly waived in such collective bargaining agreement and (ii) the agreement provides for a comparable benefit for the employees covered by the agreement, in the form of paid days off; said paid days off shall be in the form of leave, compensation, other employee benefits, or some combination thereof.  Comparable benefits shall include, but are not limited to, vacation time, personal time, sick time, holiday pay and holiday and Sunday time paid at premium rates.

I may be wrong but I don't think anything here exempts Pioneer from complying with the law. First of all we don't have a "bona fide" collective bargaining agreement, what we have is a something forced on us which we never agreed to. Second, it clearly states that in lieu of paid sick days there must be some form of paid leave.,compensation or benefits. In the past, they could claim that our accrual checks were a benefit that would satisfy this requirement. However accruals are gone so we should demand our paid sick time.
Nowhere in the law does it say that unions covered by a collective bargaining agreement are automatically not covered. We must agree to waive the sick days because we are getting something else instead,  What might that be?
What do you think Buzz?
Title: Re: NYC Mandatory Paid Sick Leave Law
Post by: Buzz on July 04, 2013, 04:04:50 AM
I think in the eyes of the law we are covered by a bona-fide collective bargaining agreement. And we are compensated by at least 5 paid holidays.

It doesn't apply.
Title: Re: NYC Mandatory Paid Sick Leave Law
Post by: mirrorcheck on July 04, 2013, 05:34:50 PM
Buzz...I dont doubt what you are saying. That also means our wanna be gangster boss owes us weekly money, spring and summer checks. Also bona fide collective bargaining, its a can't miss for us. To you Buzz and the rest of our fellow workers happy and healthy 4th of july.