Definition of “Shall”

[5pins]

What is the name of your state (only U.S. law)?WA

In a employment contract what is the meaning of the word shall, as in “shall have” mean? In the contract I’m asking about it says that the company “shall have three head operators“. I would think it would mean that they “must have” three head operators. The company says it means that they “may have” three head operators.

[FlyingRon]

Yes, in laws and regulations, SHALL means the stuff that follows is mandatory.

[eerelations]

I agree. The company is wrong.

[5pins]

Thanks. That is what I thought. If I may ask another question. What would be the best way to correct this. I could file a grievance, but a person that did that was told nine month later that he should have put it in writing. I would think they would have told him that right away. Another person sent one in writing and when she asked about it two month later they told her they never received it. Our union headquarters is on the other side of the state. When someone tries to call the union president he is never in and he never returns calls.

Would the NLRB be able to help me? What about getting a lawyer?

Thanks for the help.

[CraigFL]

While I agree with the above, you also need to check the rest of the contract for possible exceptions. There may be a way that two or even one is acceptable under certain conditions.

[eerelations]

If you don't find what CraigFL advises you look for, send a written and signed grievance notice to union headquarters by certified mail. If the union doesn't respond within the timeframe specified in your CBA, contact the NLRB.