One of company's offices went union do rest of employees entile equal treatment?

[HT]

One of my company's office went unionized. The rest of the offices remaind non-union so far. Do the rest of the employees entile equal benifits? The obvious difference now is the union employees can take vacation as long as they are entiled. We, as non-union employee are sbjuect to management's watchful eyes. They even rejected vacation for the reason of short handed. Yet they are increasing work load by sizing down.

Union employees do not have to catch up the work the left behind coming back from vacation. We do. Company said we are in the management position. Yet we have never been included in any management meeting or decisions or benefits exept for long overtime which the company claims it is our job function.

We are also responsible works outside of U.S. because work was taken away from two people from that foreign office in the name of cetralization. Any law broken here?

 

[buddy2bear]

Nope, none that I can see. An employer has the right to manage its workforce as it sees fit so long as they do not break any laws. However, when the other office was being organized, why didn't the union request a multi-employer location bargaining unit?

Usually, when certain elements of a company are organized, a smart employer will give better benefits to its non-union employees thereby hoping to discourage these employees from unionizing. To do the opposite is just plain dumb.

Even management can organize into a clerk's union. Heck even Legal Aid attorneys voted for unionization.

 

[HT]

Hello Body2bear,

Thanks for the reply. If the employer has the right to treat employees differently, dosen't that constitute disrimination?

When this office was organized, other offices were not. Later, the company learned the union activities in other offices so they shut down those offices and moved. I have heard about the union can't not organize office farther than certain distance away. Is this true?

I figured out that if a professor can be in a union, every one can. Just never figure out why NLRB ruled the way it was. NLRB said we are not clerks.

 

[buddy2bear]

Discrimination is based on sex, national origin, race, marital status, etc. You have to answer -- "I would be treated the same as my co-workers, but for _____" (some unlawful practice - but for my race) Having different work rules, terms and/or conditions of employment other than other offices is not considered "discrimination."

Usually I think it's within a 50 mile radius of each other.

If a union has already filed a petition for election, a company cannot just close down the place of employment and move. If they closed because they knew there was a union organizing campaign going on, then they have violated their employees' Section 7 rights and the union can file an unfair labor practice charge with the NLRB.

I used "clerks" as an example of an "office" bargaining unit. The only way the NLRB would exclude you from a requested bargaining unit is if you were considered supervisory personnel or did not "fit" into the unit requested classification-wise. Which would not preclude another union from requesting a second appropriate bargaining unit designation in the same company. There are a lot of companies whose employees, even at the same location, are represented by different unions and/or locals.

 

[HT]

Hi Buddy,

You sound like you are very knowlegable in this area. So I decide to ask you a few more questions.

1. Before the union, our work was partially union work. Since union wanted that part of job, our company gave it to the agents. Then the union gave up that right on the 2nd contract. We were transferred to other state a year ago for unknown reasons. As you know that we used to do the job. The only reason we stopped doing that job was because the company did not want us to do. Even until this day, those who are in the same positions of office are still doing the “union” job. The union might take the job back next contract. Do we have any right to have the job back?
2. By your definitions of discrimination, people work for the same company at different locations may be granted different benefits, like vacations, leaves or holidays right?
3. Is 50-mile radius a law or just an unwritten rule? Where can I fine this law written? If this is law, dose this mean new office can’t not be organized by that same union even if there is no other union in this new location? What happen if the same union insists to follow us?

Thanks again for very helpful answers.

 

[buddy2bear]

My goodness gracious! I am not an attorney. However, I have worked for a "union buster" for the last 25 years and my husband had been the financial secretary of his Steelworkers' local. That is what is called "buttering both sides of the bread -- guaranteed an income one way or the other."

The answer to Question #2 is yes. The cost of living differs by State and as a result so would the "benefits" offered. That is basically why it was/is considered cheaper for businesses to move south or even to Mexico. Cheaper wages, benefits, larger workforce pool, lack of union representation and/or unfriendly "environment" for unionization drives -- equals more profit.

As for the others, Question #1 is a bit confusing. Bargaining unit work can only be transferred if it is agreed upon in negotiations or if a contract is re-opened. It would be a mandatory subject of bargaining -- like contracting out.

Your best bet is to go to http://www.nlrb.gov and do some research or call your nearest NLRB Regional Office and ask to speak to the information officer. He/she would know better how to answer your questions. You don't even have to tell them your name or the company name. Get some use out of your tax dollars and give them a call with your list of questions or even visit them.

 

[emd38]

ht if the employer and the uion agree to a closed shop
you may not be required to join but to pay dues. your best bet in this situaion is to join the uion. they can get you some protection and if your interested research them. im sure you will find they do alot of good in your community as well as your state you will also find that a lot of the labor laws we as a nation have on the books do come about because of members like myself that go out and lobby law makers for them. not to protect just our membership but the average working person.

 

[HT]

Hi Buddy,

I understand the difference of living standers but what about vacations, personnel policies and other non-pay related issues? Thanks for the advice. I’ll try to find out more and let everyone know the answer.


emd38,

I can’t agree more on what you said. Without the union, companies often take advantages of their employees. Now its obvious that we, without the protection of union, constantly work under pressure and have to worry about future all the time.

If I am 700 miles away from the union, how can I join them with their 50 mile limit? Different unions possibly won’t do any good because their lack of bargaining power. Company can pack and run anytime which they have done just that. We all think our company is trying to get rid of us once for all.

Any comments will be very appreciated.

 

[emd38]

if the company your employed with does bus. and has offices through out the us. then the 50mil. rule does not apply . read the railway labor act and article vii of the 1964 civil rights act as well there are supreme court rulings that apply here such as the iam v state. i believe that is the court decion you want. find a law .com is a good place to start

 

[HT]

emd38,

I will try to reasearch more as you directed. Thanks!