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union/non union owned by same company

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rmcnellis

Member
What is the name of your state?montana
a car dealership has two locations right across the street from each other. people at both dealerships do the same jobs: sales, parts, service. sales people cannot join the union at either place. managers also cannot be in the union. one location is older than the other and has an open shop policy - you can join the union or not, it is your choice as long as you qualify, but it is more beneficial not to. at the older location no one is in the union. on occasion employees at either location have to work at the other store. the newer location had different owners at one time and they have an existing union contract. after the new owners bought it, they did not honor the existing contract for 6 months until negotiations began for a new contract. only service technicians and partsmen are in the union. both locations are closed on the 4th of july, thanksgiving, xmas day and new years day. the new location is also closed on xmas eve, the day after thanksgiving and several other holidays specified in their contract while the older location is open. the non union employees in the service department at both stores are on salary and are paid similar wages - but at the new location they get more days off with pay than those at the older location. is this permissable? is it ok to treat union employees differently than non union employees?
 


Beth3

Senior Member
It is absolutely okay and quite common. The employees who are union members enjoy whatever holidays, benefits, wages, etc. that their contract calls for and the employer is abiding by those negotiated provisions. The employer is completely free to do as he pleases for other employees.

Must make those employees in the union wonder what they're payiing dues for, eh?
 
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rmcnellis

Member
i guess my main question was about the non union employees who get these holidays off also (because the union employees get them off). can they give more paid days off to employees who perform the same duties, have the same job description and get paid the same as less as others in a different building? i'm sure the answer is "yes, they can do whatever they want" just like it always is, but i am just wondering. thank you.
 

cbg

I'm a Northern Girl
The employer is bound by the union contract to give the union employees the benefits that are listed in the contract.

They are not so bound on the non-union employees. They can give the non-union employees the benefits they feel they wish to give.

NOTHING in the law requires that all employees receive exactly the same days off, exactly the same insurance, exactly the same anything. The law only requires that the decisions as to who receives what, not be decided on the basis of race, gender, national origin etc. It is perfectly legal and quite common for benefits to vary based on union/non-union, full/part time, manager/non-manager, exempt/non-exempt and so on.
 

Beth3

Senior Member
The employer can grant 100 paid holidays each year to a non-union employee performing exactly the same duties as a union employee and, if they are able, negotiate a contract that provides for no paid holidays to the union employees.

There is absolutely no law that would bar treating union and non-union employees differently as it relates to pay, benefits, holidays, vacations, hours of work, number of breaks, etc.
 

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