Originally Posted by Lithium381 View Post
my understanding is that if a majority of employees want to participate in a union, the company is legally obliged to take part? What does that mean? Can't they participate in allowing the union to form, and then just say "no" to the union requests?
The national Labor Relations Act give employees the right to organize into unions for the purpose of excercising Protected Concerted Activitys. PCA's are when two or more employees act together to improve their terms and conditions of employment, including increasing wages & compensation, improving workplace conditions, increasing safety without fear of employer retaliation.
You can't fire or lay-off a union member without first consulting the union representatives?
Any termination must follow due process in accordance with the negotiated collective bargaining agreement. This due process usually involves a disciplinary hearing with union representation present. Termination for non disciplinary reason would be considered breach of contract unless the CBA has furlough provisions for downsizing. However furlough provisions give furloghed workers first rights on all future hirings when they become available.
If your company has a CBA, can you hire a non-union worker?
You hire whichever worker you wish, (except for furlough provisions) but you cannot inquire about nor interfere with their right to join or not join the union. Regardless of joining the union or not, generally CBA's are exclusive for all non-management employees. A worker who chooses to not join is still goverened by the terms of the CBA.
If you suspend a union worker(can you even do that?), they still get paid?
Disciplinary measures are negotiated as part of the contract. Suspension with and without pay are both legal options if negotiated as part of the contract.
I have heard stories such that an employee moves his computer monitor from one cubicle to another..... and the union members file complaints? what is that about?
Generally salarys ranges are set by the position classification, determined by minimum skillset necessary, with steps inside the range determined by longevity/experience. the work tasks determines the salary, not the workers skills. AKA, all forklift drivers make base 30K, but the guy who has been there 10 years might make 38K and the guy who has bene there 5 makes 34K. However a forklift mechanic might start at 35K. This is known as the payscale and step. Issues arise when members of one payclass perform the duties of another. If a janitor being paid 20K per year, moves a monitor, when an IT guy is paid 40K per year, he is depriving that person of work and salary, by an underqualified underpaid employee doing his work for him. (The It guy could be missing out on overtime because someone else is doing his job) Likewise if the IT guy mops the floor, the lower class work is being done by an overqualified, overpaid employee. (The janitor could demand equal salary as the IT guy doing his job- aka out of class pay). these boundaries are clearly defined to prevent these situations.
are companies obligated to use union labor even if it's more expensive?
If its employees choose to organize, yes. Unionization is the right of the employees, not the employer.
i'm sure i'll think of more later. lets take these questions in perspective of the private sector, or if you are talking about public sector, then please make that distinction, if there is a difference. Thanks!
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