PROBATIONARY PERIOD
Did you know that
collective bargaining agreements typically include language regarding
probationary periods for newly hired employees?
Some contracts may even require employees who change positions within
the organization to be placed in a probationary period status as well.
Probationary periods for
employees represented by bargaining units are established in compliance with
terms of their collective bargaining agreements. A probationary period is
required in order to review performance during the initial phase of
employment. When negotiating articles on probation the union might want to
consider such items as: the length of the probationary period, the purpose
of the probationary period, and the employee status and rights during the
probationary period.
Some contracts allow for an
extension of the probationary period.
Although the extension can be negotiated for any length of time, most
allow for up to three months. Extensions of probation are used for very
limited reasons, usually involving circumstances where there has not been
adequate opportunity to evaluate the employee in significant aspects of job
performance. For example, an employee underwent a change of supervisor
during the probationary period and the new supervisor has not had enough
time to evaluate the work. Other circumstances that are appropriate may be a
change of job duties; transfer to a different job during the probation
period, or the employee has not been exposed to the full range of job
duties.
Employees may be released
at any time during probation at the sole discretion of their supervisor for
reasons including but not limited to, unsatisfactory performance or conduct,
unsatisfactory progress, general unsuitability for the position.
An employee who has
satisfactorily completed their probationary period shall immediately attain
regular employee status and full coverage under their contract.
Below is the article and
page number in your individual contract that describes the probationary
procedure that was negotiated between CWA and your Employer.
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NYSUT/CWA
Contract – Article XIII, Section G., Probationary Period, (page 33)
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UUP/CWA
Contract – Article 2 Probationary Period (page 1)
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NYSNA/CWA
Contract – Section 3, §3.04 Probationary Period (page 9)
Since these are
relatively short clauses, I included the contract language below for the
“Probationary Period” articles that are in our separate contracts. I thought
it was interesting to see the differences between our three contracts in
this section.
All new employees, with
the exception of temporary service employees, shall have a probationary
period of three calendar months. With notification to CWA, UUP may extend
the probationary period for an additional three calendar months. UUP
reserves the right to either lay off or discharge any new employee and such
lay off or discharge shall be subject to the grievance procedure but not to
arbitration. Temporary service employees may be discharged at any time and
such discharge shall not be subject to the grievance procedure.
An employee will be on
probation until the employee has actually worked 120 days from the date of
employment. During the probationary period, the employee will be subject to
demotion, suspension, other discipline or discharge at the Employer’s sole
discretion, without recourse to the grievance procedure or arbitration.
There shall be a 365-day
probationary period for all CWA employees hired during the life of this
Agreement. It is expressly understood that NYSUT retains the right to
terminate the services of a probationary employee at any time during such
period without being subject to any of the requirements or provisions of
Article XIII-C (Right to Discipline Employee)of this Agreement.
NYSUT will provide
periodic evaluations of the employee’s performance after ninety (90), one
hundred eighty (180) and two hundred seventy (270) days. If a less than
satisfactory evaluation is made, the employee shall have the right to
request union representation at a meeting with his/her supervisor.
Notification to the union shall be made if there is a less than satisfactory
evaluation after (90) days.
A part-time CWA unit
employee who becomes a full-time employee will receive, on a prorate basis,
credit toward the probationary period for part-time service. This credited
service is to a maximum of six (6) months.
