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at-will employment and unions

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  • cbg
    replied
    It would depend on the wording of the CBA. However, a union contract does not automatically void the at-will presumption of non-union locations, or for employees who are not covered under the CBA. It might. It might not. It will depend on what the CBA says.

    Leave a comment:


  • marvinpu36
    replied
    I was looking up some information on at-will employment and came across this. ......At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e., has not recognized a union). My question is ... if a company is doing business at several locations, some of them union and some not union. Does the fact that they recognize the union at some locations mean that they are bound to that for the non union locations also?

    I beleive that the union would invalidate the at-will provision.

    Not looking to force employer to disciplin boss, just want them to follow their own policies.

    To the best of my knowledge I have never worked for an at-will employer. Was at last job for over 25 years and it was a union job. The at-will provision causes me great concern and I am trying to educate myself on how it all works so I don't wind up getting canned. Knowlege is a good thing to have.

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  • cbg
    replied
    I'm not sure what it is you're looking for. Are you asking if a union would invalidate the at-will provision? Force the employer to discipline your boss? What?

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  • marvinpu36
    replied
    Sorry I'm a little sensative about it. Thank you for your reply. Do you have any thoughts on the at-will and union situation?

    Leave a comment:


  • cbg
    replied
    I didn't say what he did was okay. It was not against the law, but it is not okay. Hopefully the employer will take some action against him. It sounds as if that might be the case.

    However, as I said, it is next to impossible for HR to conduct an investigation and maintain 100% confidentiality.

    Leave a comment:


  • marvinpu36
    replied
    If I report an incident about my boss to HR and HR contacts his boss to look into the matter and the next thing I see is my boss collecting a group of the other employees together to tell them that I reported him and that he and the general manager are not happy......etc. The violation of confidentiality may not have been breached by HR but I find it hard to believe that what he is doing is ok. I actually contacted HR again and reported this to them and they (HR) were not too happy to hear what had happened. I am currently waiting to hear back from HR.

    Leave a comment:


  • cbg
    replied
    I'm a little unclear as to how HR can be said to be violating confidentiality (which, btw, is not required by law in most cases - it can be next to impossible to do a complete investigation and still maintain 100% confidentiality) if it is your boss that is doing the complaining. Would you care to explain that one to me?

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  • marvinpu36
    started a topic at-will employment and unions

    at-will employment and unions

    I work for an at-will company in Minnesota. I would like to know if even as an at-will employer can a person be fired when the company does not follow or enforce its own policies consistently and fairly. Do I have any recourse if my boss, after being reprimanded by HR, goes around and tells the other employees that I reported him and that I should not get any special treatment because he and his boss are mad that I reported him? Does that not violate the confidentiality of HR?
    I would also like to know what if any effect a union would have in this, I’ll explain. The company operates as ABCXYZ Group LLC. They operate several different locations all controlled by the same corporate structure. Some are union locations and some are not. Does the union association at some of the locations have any bearing on their ability to operate “at-will” at the non-union locations? They basically follow the union guidelines for pay and benefits etc. at the non-union locations to try to keep them from organizing.
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