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Case 5

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Submitted By sada785
Words 394
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Case #11
Issue:
This case involves a New York City Transit worker trainee by the City of New York named Mary Myers. Ms. Myers based upon her employment is also a member of a union and is protected by all of the laws associated with all of its members. Ms. Myers is a practicing Seventh-day Adventist, which Sabbath day is her regularly scheduled day to report for duty. The issue is whether or not an employer has to make a good faith effort to accommodate an employee’s Sabbath.
Rules:
The Port Authority and the Transport Workers Union have a collective bargaining agreement between the two groups. The terms of the agreement state that the privilege of selecting weekly days off was allocated in accordance with a strict seniority system.
Analysis:
The New York Transit Authority is a seven-day-per-week, 24-hour-per-day operation. Ms. Myers’ religious belief is that she is not able to engage in any type of work during the Sabbath. The Sabbath for Seventh-day Adventist is considered from sundown on Friday thru sundown on Saturday. After she was given her regular days off which consist of Wednesdays and Thursdays, it meant that she would be required to consistently work on the Sabbath day. Should an employer be held liable for an employee to have certain days off due to a religious preference? Ms. Myers felt as if she could voice her issue with her Union only to have the request rebuffed regarding the regular off day request.
Conclusion:
Based upon the facts of the case it can be concluded that Ms. Myers has no grounds for her request to be granted that she receive permission to have a day off that is high in demand. The employer cannot be held liable for any new hire employee requesting certain days off, due to religious reasons. The agreement between the Union and Port Authority clearly states that request are granted by seniority. Ms. Myers is a new hire (trainee) and does not meet the requirements to request and receive certain days off. Ms. Myers has two options: first one is to resign and seek out a positon that is closed or does not operate on the weekends, two remain in her current position and bide her time until she is able to obtain her desired day off.

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