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Who among salary non-exempt can join existing workplace union? Missouri

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  • Who among salary non-exempt can join existing workplace union? Missouri

    Large (1000+) MO-based employer with existing onsite union representing hourly employees. Salary non-exempt employees in one department interested in joining the union because of egregious abuses regarding hours and job requirements. What is the metric of who all has to agree to request union representation? Is it a majority of the SNE employees in that department, or in the whole facility, or what? We're afraid to proceed because of potential retaliation from the employer.

  • #2
    Who is eligible to join that particular union is up to the union itself. Ask them. If eligible, joining is an individual decision. It doesn't matter if others in the department opt to join or not.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Clarification: And continue in existing positions?

      I should have been clearer in my post. Joining the union per se isn't the issue, it's a group of people in specific positions who wish to continue in those positions with the protection of the union. The positions are classified by the company as being salaried non-exempt. Is that possible, and, if so, does a certain percentage of the employees in those positions and/or department have to agree to the change?


      • #4
        Employers don't classify positions as being salaried non-exempt or otherwise, the DOL does that. If these positions have been correctly classified by the DOL as salaried non-exempt, then your employer is in compliance with DOL regulations regarding the classification of those positions. To change these positions' classification would mean your employer is breaking the law.

        And what this has to do with unionization, I don't know. Any position, no matter what the DOL classification it's been given, can be a unionized position, as long as the union can negotiate this with the employer.

        Finally, no one can enjoy the protection of a union without being a union member. If the employees in these positions want union protection, they must by law join the union in order to get said protection. If some of the employees in these positions want to join the union, they should speak to the union about it. It is entirely up to the union what is done (including ascertaining how many employees are required for this endeavour, etc.) next about this.
        Last edited by eerelations; 04-10-2016, 04:51 AM.


        • #5
          Let me clarify further. There is no such designation under the DOL as "salaried non-exempt". A job is either exempt, or it is non-exempt. That is all the DOL determines. How it is paid, is decided by the company. The DOL doesn't care whether it's done by hour or by salary, as long as any non-exempt employees also get paid overtime when required.

          You were given the correct answer the first time. Who is eligible to be in a union is determined by the union, not by how they are paid.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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