Common use of Third Violation Clause in Contracts

Third Violation. Should hours be assigned to a less senior employee, the most senior employee who is available and qualified to perform the work shall be paid at three (3) times their regular rate of pay for all hours assigned to the less senior employee that the senior employee could have worked. Senior employees or the Union Representative shall be able to claim all or portion of less senior employee’s schedules on a daily basis up to and including forty (40) hours. Claims for payment as outlined above shall not be valid after thirty (30) days. If after the third (3rd) violation, it is determined that the schedule is being deliberately manipulated to prevent senior part-time employees from claiming hours, the two (2) most senior part-time employees in the store shall be reclassified to full-time.

Third Violation. Should hours be assigned to a less senior employee, the most senior employee who is available and qualified to perform the work shall be paid at three (3) times their regular rate of pay for all hours assigned to the less senior employee that the senior employee could have worked. Senior employees or the Union Representative shall be able to claim all or portion of less senior employee’s schedules on a daily basis up to and including forty (40) hours. Claims for payment as outlined above shall not be valid after thirty (30) days. If after the third (3rd) violation, it is determined that the schedule is being deliberately manipulated to prevent senior part-time employees from claiming hours, the two (2) most senior part-time employees in the store shall be reclassified to full-time.