Need Union advice please

[mssspen]

What is the name of your state (CT)? I was hired by a section of our company and promised that we were not union even though another section of our company was undergoing negotiations with the union I was assured by mgt that we were not union and lawyers were fighting for us to remain non union. Mgt even went so far as to advise us not to have anything to do with the union. After a change of heart mgt entered into agreement with the union and now I am forced to be union. Can mgt force me to join the union that they advised me to stay out of? If the union contract is negotiated on a tribal basis am I still obligated to join? I know CT is not a right to work state but I think that the "tribe" might be a right to work entity. Can anyone advise?

 

[justalayman]

you speak of tribe; is this a native American thing?

 

[mssspen]

Yes. It is the first time ever a union has been put into a casino. The union and the tribe have agreed to negotiate under tribal laws but I don't know what that means. Since it is so new and such a gray area I really don't know what rights I have.

 

[justalayman]

I will have to do some looking and still not sure I will be able to answer your question. There are some funky interactions in Native American lands and US law.

Hopefully one of the other folks around might have some input too.



I just noticed something: I make an effort to be politically correct and use the term "Native American" but when you deal with the federal gov, the agency is the BIA (Bureau of Indian Affairs). Why is that?

Things that make you go hhmmmm.

 

[mssspen]

Thanks so much. The union was voted in in 2007. The tribe built another casino on their property and hired 300+ dealers. They separated our tip pool and told us we weren't union, don't talk to the union and they were fighting to keep us non union and separate tips. This went on for 19 months. In Jan 2010 they informed us they had reached a negotiation with the union and tips would be merged. That gave us 2 days to join the union to vote no on the contract. Now management claims they can't talk to us because it is a violation of the contract and the union keeps telling us we are part of the union and must pay dues. I know that the NLRB allowed for the union but we are not in binding arbitration because of the union/tribal contract. Who can enforce joining or payment of dues or termination in this case?

 

[justalayman]

Who can enforce joining or payment of dues or termination in this case?

Not sure what you mean by that. If you are a union member and not in a right to work state, basically the only choice you have: either be a union member and pay dues or don't pay dues, don't be a member, don't have a job. It is basically what the labor laws allow for.

Like I said, at the moment, not a lot I can really give you as I just don't know that much about this type of situation at the moment.

Your latest post does bring up another question though:

what does arbitration have to do with anything?

 

[mssspen]

I was told by a friend who is also looking into our rights that not being in binding arbitration means we can file for ULP. I know basically nothing about labor laws but some of my research has indicated that tribes have been encouraged to add right to work clauses into their tribal laws. Since we are now negotiating in tribal status I am wondering if those laws come into effect.

 

[justalayman]

I'll try to find something. There are a couple other folks that are a lot better than I on labor laws. Hopefully they will catch this thread and add comment.

 

[mssspen]

I found this today and was wondering if it would apply to my situation.

Company Unions are forbidden by Federal Law. Specifically, that it is illegal for any employer to organize or administer any union within their business.
And that, since the Mashantucket Pequot Tribe owns and operates Foxwoods Resort Casino, it would be a direct violation of Federal Law for Foxwoods management spokespersons and/or Mashantucket tribal spokespersons to attempt to organize any union under the authority, oversight or regulation of the Mashantucket Tribal Laws or court system which operate under the direct guidance and are employees of the Mashantucket Pequot Tribal Council and its members. The Mashantucket tribe and tribal council have sole discretion regarding the enactment of any tribal laws. As such, any bargaining unit attempting to organize under Tribal labor law, would by definition, be a "company union".

Also I just realized there is a union section, should I move my question there?

 

[justalayman]

Company Unions are forbidden by Federal Law. Specifically, that it is illegal for any employer to organize or administer any union within their business.
And that, since the Mashantucket Pequot Tribe owns and operates Foxwoods Resort Casino, it would be a direct violation of Federal Law for Foxwoods management spokespersons and/or Mashantucket tribal spokespersons to attempt to organize any union under the authority, oversight or regulation of the Mashantucket Tribal Laws or court system which operate under the direct guidance and are employees of the Mashantucket Pequot Tribal Council and its members. The Mashantucket tribe and tribal council have sole discretion regarding the enactment of any tribal laws. As such, any bargaining unit attempting to organize under Tribal labor law, would by definition, be a "company union"

.This does not mean there cannot be a union, just that it cannot be a union controlled by the company. That is not what it sounded like in your previous posts. What is the union involved in this?

Also I just realized there is a union section, should I move my question there?

it would be better but I do not know if you can move it. I think admin would have to do that.

 

[mssspen]

I am sorry I did not know how much information I could or should give. The uaw is the union and they agreed on a contract with Foxwoods under tribal law. Another thing I found today states "the Foxwoods’ pact is all the more unusual because the National Labor Relations Board isn’t involved.

“This is a very interesting area of law, a very developing area of law, particularly with this tension between National Labor Relations Act jurisdiction, but the idea that the NLRB will defer to a relationship between a union and an employer where both parties agree that they’ll adopt tribal law. So this is certainly something worth watching.

I keep finding these odd little twists and have no idea if what they are doing is legal and if I can be forced to join.

 

[justalayman]

as it is the UAW, it is not a company sponsored union so that would remove the problem with a company union.

as to the rest, I wish I could tell you more. I will watch the thread and add where I can but honestly, I don't really have much more to add at this point.

 

[mssspen]

Thank you, I appreciate your advice and your input. It is a huge can of worms!! I don't know if it is even worth the fight some days. That is all I am trying to figure out. It isn't even a good contract