Unite members are speaking out about the constant problems being forced on them in regard to their rosters and hours of work in Restaurant Brands Limited’s KFC and Pizza Hut outlets.


2 HOUR SHIFTS
In Pizza Hut stores some union members have been placed on two-hour shifts, which is a waste of time for our members. In Starbucks and KFC we have a long-established 3-hour minimum shift. With Pizza Hut the company must consult with the union if they want to roster any members for less than three hours. If the company rosters members for less than 3-hour shifts without first consulting with the union, then it is breaching its obligations under the union agreement.

All Union members in Pizza Hut are entitled to work 3-hour minimum shifts. Do not accept being rostered for two hours unless you have been through consultation first and you agree to it.


C.P.H. TARGETS AND UNPAID WORK
In KFC stores there are a range of serious problems that have been created by the company’s directive to intensify Customers Per Hour (CPH) targets. CPH is a measurement that equates customer demand with the allocation of labour hours in stores. The CPH targets have been intensified resulting in increased instances of staff being pressured to leave shifts early or not come to rostered shifts, staff being pressured to skip their breaks, and staff being asked to clock themselves out and keep working on closing shifts (i.e. closing down the store at the end of the night for free without pay). The intensification of CPH targets also leads to strained relationships between ordinary crew members and the store managers and assistant managers who want to do the right thing.

Unite has been working on these issues on a case-by-case basis, but we also need to make sure that all staff understand their rights and don’t comply with these blatant breaches of their work rights. Do not be pressured into clocking out before assisting with night-time store closes. Point 8 ‘Clock Out Issue’ in the 2010 union terms of settlement with RBL stipulates that you may not be clocked out by a manager. Nor can you be instructed to clock-out and continue working.


ROSTER CHANGES
Clause 5.2, ‘Roster’, of your union agreement states that “Rosters shall be placed for all staff to see at least 7 days in advance of the roster starts. Any changes may only be made by mutual agreement”. This means you do not have to agree to any changes to your roster once it is up seven days before any given week’s roster begins. If you are asked or told to leave a shift early or go home, you do not have to do so. If the issue persists and you do feel pressured, just tell your manager you would like to call your union delegate or representative. If need be we will speak to them right then.


GETTING ADDITIONAL HOURS
Clause 5.2.1, ‘Roster protocol’ of your union agreement states that “Any additional hours that become available either as a result of an Employee resignation, or an increase in a store’s capacity, shall initially be offered to existing employees...’ and... ‘Wherever practical, such additional hours must first be offered to the Employee with the most service for the appropriate qualification required”. This means that in principle existing staff have first option over hours. Your hours should never significantly decrease, especially if new staff are being employed at your store.


REST & MEAL BREAKS
See Clause 5.3, ‘Meals and Rest breaks’ of your union agreement, it shows what the company’s obligations are to provide you with sufficient breaks. Always resist any pressure not to take your breaks which you are legally and contractually entitled to.


KEEP A RECORD
We encourage members to keep a diary, with date and times, to record the company’s breaches. Delegates are also making a push to ensure that all members understand these basic work rights guaranteed by law and the union’s collective agreement.


WHAT DELEGATES SAY
Here are some comments from Unite delegates and another Unite member who intend to fight the ‘bullshit’ breaches of workers’ rights caused by the drive to intensify CPH targets:


“Staff hours, morality and limits are being tested by the increase of importance and intensification of CPH nation wide. Guaranteed hours do not exist, staff have lost up to 20 hours of work weekly just to meet CPH targets. Shifts are removed from rosters and as a result staff are forced to take annual leave in order to make ends meet. Being on shift is daunting in itself, labour is abused. Staff are being pushed to unbelievable limits so that management can explain to their superiors if they are unable to reach targets. Work is tough and it takes its toll on all staff. Everyone wants more hours to be able to survive and pay their bills, CPH intensification takes away our ability to do so”.
Tehema Moran, Unite delegate
KFC Riccarton Road, Christchurch.

“The main issue I feel is currently prominent at Te Awamutu, is the extreme pressure to meet CPH. I feel, although I can’t prove this, that there has been a clear directive from the management hierarchy to meet CPH weekly. Through the meticulous cutting of hours on the roster and labour “management” CPH is being met, however not without the negative impact on unionized staff who feel their hours have been unfairly cut.

I also have witnessed staff being asked to go home every shift that I have been on. Many staff often say “yes” as they do not wish to offend management, are unaware of their contract rights, or both. I feel that management are taking advantage of the goodwill, and are essentially forcing staff to go home early in order to meet targets. On Saturday I heard a manager directing a staff member to finish what they were doing and go home - they were not even asked. This has made staff members feel increasingly frustrated at their diminishing pay each week, and as we know some have bills to pay! Something does smell fishy, and there are noticeably less staff on some shifts.”
Jarred Griffiths,
Unite delegate, KFC Te Awamutu,

“Today I was asked to cover a shift from 11:30 to 3 so I turned up at work at 11:20. XXX was running the shift and as I went to clock in she told me I’d have to wait till it got busier so I sat down and waited. At 12 I asked again if I could clock in and start working and she said no because she hadn’t met her target yet, so I sat back down waited till 12:30 and asked again. She still said no.

At 1pm I asked again and she told me to ask the assistant manager, so I went and asked and she said no. At 1:20 I went up to XXX and said I’m gonna go home if you don’t let me clock in soon, so she told me to ask XXX again. I approached XXXX and I asked if I could clock in and she turned around and asked if I wanted to take the day off instead. I said no and she said well you can’t work. I told her this was ridiculous and that I’d be contacting the union and I left. I texted the manager XXX asking if I could see her and she said I Can see her tomorrow morning. Tomorrow I’m meant to be working 3-7 but I have no doubt that I’ll get called and told not to come in. This is bullshit and a complete waste of time.”
Anonymous staff member
KFC The Base, Hamilton.


Unite will continue to draw attention to RBL’s breaches and advance the individual cases until they cease breaching the union agreement and show that they are willing to address issues created by the intensification of CPH targets.