I did see that the scheduling conditions were not new and had existed for some time; however, since it was unacceptable to the employee, I mentioned that perhaps he had made some complaints about the change of schedule to management and perhaps management advised it was temporary so things would change soon...possibly the employee hung in there waiting for the change that never occurred (like a good employee). Bottom line is, the employer's decision to expect round the clock availability for their own selfish economic benefit when the job was originally a 9-5 job may be considered a change...all things considered. It doesn't cost anything to make your case in an appeal.