How would you deal with this employee?

Question

I have this employee who takes about 15 minutes every morning to do his business.  Bathroom business.  Here is what happens:
At about 8:00 am he clocks in, goes into his workspace, starts up his computer and logs in.  The he grabs a paper from the break room and runs into the bathroom.  (And he does almost run.  He clearly has to go.)  He will be in there for about 15 minutes, then comes back to his desk and gets on with his day.  

The thing that bugs me the most is that he waits until work to do this.  It's a joke with the other people on my staff that 'Bob' starts his day at 8:20. 

I've looked at the union contract and there is the standard clause about breaks for the restroom, but there is nothing that prohibits what he does, it just seems unprofessional. 

Here is the kicker and why this is now a problem.  In two weeks we will announce that we purchased a new manufacturing site.  Union rules state who becomes the new senior at that spot.  Bob.  But his 8:20 start time just won't cut it because of what his new responsibility. 

Because of the union rules, Bob's seniority makes him the person for the new job.  How do I tell him to poop home without sounding demeaning?  I am not sure how to bring this up with the union rep.  He is a bit of hardass we don't get along really well.  I want to make this work, but, oi.  If Bob misses the 8:05 role more than once in a month during his first 90 days, I have file and action against him and he will go to due process.  

Thoughts?

Piggiepants · Accepted Answer

You don't have to do anything.  Just let this play out.  If the rules allow for breaks (bathroom or otherwise) without specification as to timing - and most polices do have time restrictions (i.e. a 20 minute break after 4 hours, for example) then you can't do anything.  He's entitled to a break and he can take it when he needs it.  As long as he stays in the job he is in, or until the policy changes, he is set and your hands are tied.  Any suggestion on your part as to when to take and what to do on his break could be considered harassment as long as he is in compliance with stated company policy.

But if the new job requires an 8:05 roll call, then he will either have to change his habits on his own, without your intervention, or start racking up the disciplinaries, and at that point, he'll have to change or even the union won't be able to help.

MsBittner · Answer

Whoa, you think you have the right to determine when your employees poop and how long it should take? I can't imagine any action you could take that would, or should, affect that.

If the rules say the job goes to Bob, then give it to him. You can even advise him that things quickly get out of hand if he's not there to handle whatever crises are there first thing in the morning.

But you have no right, none, to tell him to poop on his own time, and if you attempt to write it into any contract, and fire or demote him for his bathroom habits, his lawyers you eat both you and the company alive.

How would you deal with this employee?

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